THE RX FACTOR DREAM VACATION SWEEPSTAKES OFFICIAL RULES
- NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED. The RX Factor Dream Vacation Sweepstakes (this “Sweepstakes”) begins at 12:00:01 AM Eastern Time on February 15, 2012 and ends at 11:59:59 PM Eastern Time on December 31, 2012 (the “Sweepstakes Period”).
- ELIGIBILITY. This Sweepstakes is open to individuals legally residing in the fifty (50) United States and the District of Columbia (the “Eligibility Area”) and who are twenty-one (21) years of age or older at the time of entry. Only individuals may enter; no entry form from any corporation or other entity shall be accepted. This Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted in any way. Employees of J. Thomas Shaw (the “Sponsor”) and its affiliates, publishers, Agents, Attorney’s, subsidiaries, advertising, sweepstakes, fulfillment, marketing agencies, public relations firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent or grandparent) and those living in their same households are ineligible to participate in this Sweepstakes. By participating, entrants: (1) agree to these Official Rules, and the decisions of Sponsor, which shall be binding and final in all respects; (2) acknowledge that Sponsor has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to any prize; and (3) warrant that he/she is eligible to participate in this Sweepstakes.
- TO ENTER:There are two (2) methods of entry.To Enter Via Purchase of The RX Factor: Entrant can receive one (1) Sweepstakes entry by going to www.therxfactor.com/buy-the-bookand purchasing The RX Factor. Eligible participants will be provided and entry form with the email confirmation of the order.To Enter with no purchase necessary: Eligible Entrant’s can receive one (1) Sweepstakes entry by going to http://www.therxfactor.com/sweepstakesentryform and completing and then submitting the entry form. Once submitted, all entries become the exclusive property of Sponsor and will not be acknowledged nor will they be returned. Limit one entry per person.
- PRIZE DETAILS.There will be one (1) Winner. The Winner and one (1) guest of the Winner (“Guest”) will receive a trip to Nassau, Bahamas, currently scheduled to take place between May 15, 2013 and November 15, 2013, but subject to change. The trip will include: (i) round trip coach class air transportation for Winner and Guest which shall originate from an airport of Sponsor’s choice near Winner’s primary residence to Nassau, Bahamas; (ii) round trip ground transportation for Winner and Guest, to be taken together, between airport and hotel in Nassau, Bahamas; (iii) Seven (7) nights hotel accommodations in Nassau, Bahamas for Winner and Guest which will be one (1) standard room based upon double occupancy (meals, telephone calls, tips, gratuities and other incidentals and costs are not included); (iv) A Three hundred Dollar ($300 USD) spa experience for Winner and Guest (v) Gift card valued at One Thousand Dollars (USD $1,000.00) for Winner (subject to the terms and conditions of the gift cards and redeemable wherever major credit cards (Visa or Master Card are accepted); (vi) A Five Hundred Dollar (USD $500.00) resort credit for Winner at the hotel the Winner and Guest will be accommodated at during their stay on Nassau, Bahamas. The total approximate retail value of the Prize is Four Thousand Five Hundred Dollars (USD $4,950.00).If for any reason whatsoever, the Winner (or Guest) cannot travel after all travel arrangements are made and paid, then the Sponsor shall have no further obligation to the Winner and/or Guest.
- ENTRY PERIOD. Between 12:00 a.m. Eastern Standard Time on February 15, 2012 and 11:59 p.m. Eastern Standard Time on December 31, 2012. Entries received by Sponsor before or after the end of the Sweepstakes Period will be discarded and deemed void. No changes to any entry information will be permitted once submitted. No mechanically reproduced entries are permitted. All entries become the property of SPONSOR and will not be acknowledged or returned. LIMIT ONE ENTRY PER PERSON.
- SELECTION OF SWEEPSTAKES WINNER: The potential winners will be selected in a random drawing to be held on or about January 5, 2013. The potential winners will be selected from all eligible entries who took the required actions during the Sweepstakes Period. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period. The potential winners will be notified via e-mail to the e-mail address associated with his/her entry within two (2) weeks after the drawing (“Prize Award Period”). The drawing will be conducted by Sponsor, the judge of the Sweepstakes, whose decisions on all matters relating to the Sweepstakes shall be final and binding. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential winner’s failure to respond to notification within seven (7) days after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission; (5) a potential winner’s failure to validly claim the prize by January 31, 2013; and (6) any other non-compliance with the Official Rules. In the event of prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
- Taxes and Expenses of Winner. All taxes on the prize, if any, and other expenses related to accepting and/or using a prize not listed in these rules, including travel to/from the prize, are the sole responsibility of each winner. Any valuation of the Prizes is based on available information provided by the Sponsor. The value of the Prizes will be taxable to the Winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prizes not specifically provided for in these Official Rules are solely the Winner’s responsibility. Winner must provide Sponsor with valid identification and a signed Form W-9 with a valid taxpayer identification number or social security number before any Prize will be awarded. Any residents of the United States that win Six Hundred Dollars ($600.00) or more in Prizes will have income reported to them on IRS Form 1099 and said form will be sent to the IRS, as required under IRS regulations. You must consult your own tax advisor for any questions concerning taxes.
- Travel Conditions. Travel restrictions, conditions and limitations may apply. Travel arrangements are subject to availability and must be roundtrip. Winner’s guest must be 21 years of age or older at the time of travel and will be required to execute and return a liability/publicity release within seven (7) days from date of issue. Winner and Winner’s Guest must travel together on the same itinerary, including the same departure date, destination and return date. No stopovers are permitted on tickets issued as a Prize; if a stopover occurs, the Prize will terminate at the stopover point and full fare will be charged for the remaining segments, including the return, of the trip. Sponsor is not liable for any expenses incurred as a consequence of a flight cancellation or flight delay. Schedules subject to change without notice. Released Parties (hereinafter defined) shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels, or other transportation companies or any other persons providing any elements of the Prizes or associated with the Prizes. Winner and Guest must possess valid travel documents in order to travel.Prizes are provided “as is” and without any warranty of any kind. Prizes are non-transferable. No cash redemption or Prize substitution allowed by Winner. Sponsor reserves the right to substitute Prize of equal or greater value if an advertised Prize becomes unavailable.
- ODDS. Odds of winning the Sweepstakes will depend on the total number of Eligible Entries received.
- GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, and by the decisions of Sponsor, which are final and binding in all respects. Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). Sponsor also reserves the right at its sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information.
- PARTICIPANT OBLIGATIONS: By entering, each entrant agrees to defend, indemnify, release and hold harmless Sweepstakes Entities from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind arising out of or related to (i) entrant’s participation in the Sweepstakes or (ii) entrant’s participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The Winners assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the prize. Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of California without regard to the conflicts of laws principles of any jurisdiction. By participating, entrants agree that any and all disputes arising out of or relating in any way to this Sweepstakes shall be litigated only in courts sitting in San Diego County, California, U.S.A. All taxes are the responsibility of the winners, who may receive an IRS Form 1099 reflecting the final actual value of the prize, if applicable.
- OFFICIAL RULES/WINNERS’ LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winner, send a self-addressed stamped envelope to: The RX Factor, C/o J. Thomas Shaw, P.O. Box 2693, Alpine, CA 91903. Requests for winners’ lists must be received no later than three months after the end of the Sweepstakes Period. The Winner will be posted on the Sponsors website: www.therxfactor.com.
- WINNER SELECTION. Winners will be chosen by random drawing on or about January 5, 2013 by Sponsor from among the total number of eligible entries received. All prize awards are subject to verification and will be awarded upon winner validation and verification by Sponsor. The potential winners will be notified by electronic mail on or about January 6, 2013. If the initially selected winner is ineligible, cannot be contacted after three (3) attempts by Sponsor, or fails to complete and return any required documents to Sponsor within seven (7) days of receipt of the documents, the prize will be forfeited and an alternate winner will be selected from all eligible entries. All Prizes will be awarded, provided that they are validly claimed by January 31, 2013, after which no alternate winner will be selected, nor unclaimed prizes awarded. Limit one (1) prize per household.
GENERAL CONDITIONS. Where permitted by law, winners grant Sponsor and their respective designees the right to use and publish their proper name in connection with this Sweepstakes. Acceptance of any prize also constitutes permission for Sponsor and its subsidiaries and affiliates to use any prize winner’s name, likeness and/or biographical information for advertising, trade, publicity and promotional purposes in any media now known or hereafter devised without review, notification, approval, or compensation, unless otherwise prohibited by law.
DISQUALIFICATION. The use of robotic, automatic, macro, programmed or like methods (including, without limitation, the use of any promotion/sweepstakes subscription, notification, entry or like sites or services that offers sweepstakes entry services “on behalf of” entrant) is strictly prohibited. Any false information provided by any entrant concerning his/her identity or mailing address or any non-compliance by an entrant with these Officials Rules may result in the immediate disqualification of the entrant from this Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. If disqualified, Sponsor reserves the right to terminate the person’s eligibility to participate in this and future promotions and sweepstakes of Sponsor or any of its subsidiaries or affiliates. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event any portion of this Sweepstakes is compromised by any non-authorized human intervention, action of entrants, or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or impair the integrity, administration, security, or operation of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to suspend or terminate the Sweepstakes and award the prizes from all eligible entries received prior to the action or compromise giving rise to the suspension or termination of this Sweepstakes.
DISCLAIMER; LIMITATION OF LIABILITY. SPONSOR IS NOT RESPONSIBLE OR LIABLE FOR: (1) ANY TYPOGRAPHICAL OR PRINTING ERRORS; (2) LATE, LOST, ILLEGIBLE, INCOMPLETE, STOLEN, MISDIRECTED, OR POSTAGE-DUE MAIL; (3) INCORRECT OR INACCURATE ENTRY INFORMATION, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THIS SWEEPSTAKES OR BY ANY HUMAN ERROR WHICH MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN THIS SWEEPSTAKES; (4) ANY TECHNICAL ERRORS INCLUDING, BUT NOT LIMITED TO, TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF; OR (5) ANY OTHER ERRORS IN THE ADMINISTRATION OF THE SWEEPSTAKES. IN NO EVENT WILL SPONSOR, THE SPONSORS OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, EXPECTATION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES, ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE(S) AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, OR CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY.
RELEASE. By participating in this Sweepstakes, entrants release and hold SPONSOR and its subsidiaries, affiliates, officers, directors, employees and agents harmless from any and all liability, claims or actions of any kind whatsoever arising out of participation in this Sweepstakes, preparing for, participating in, and/or traveling to and from taking delivery of any prize or any prize-related activity, and acceptance, possession, use or misuse of a prize. Except where prohibited, entrants agree that any and all disputes which cannot be resolved between or among the parties and any claims or causes of action arising out of or connected with this Sweepstakes, any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action.
GENERAL INFORMATION. The failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.
Sponsor. J. Thomas Shaw, P.O. Box 2693, Alpine, CA 91303.
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