SWEEPSTAKES OFFICIAL RULES
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Win a free year-long membership to BOTH One Medical and Classpass! (The “Promotion”) is sponsored by PACIFIC Magazine, 600 B Street, Suite 1201, San Diego, CA, 92101 (“Sponsor”). Promotion is offered only in San Diego, CA . (“Promotion Area”). Void outside Promotion Area and where prohibited.
2. Sponsor will be entitled to interpret these Official Rules — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules.
3. Promotion begins on October 24, 2019 12:00AM PST and runs through November 30, 2019 at 11:59PM PST (“Promotion Period”). Sponsor’s computer is the official time-keeping device for this Promotion.
4. To be eligible, each entrant must be at least 18 years old and be a legal resident of the Promotion Area (above) as of the Promotion start date.
5. Officers, directors, members, and employees of Sponsor, Nant Media, any affiliated companies, any prize supplier or entity directly involved in the development or administration of this Promotion, and those individuals’ immediate family members (defined as spouse, children, parents, siblings, grandparents, and grandchildren) and members of their households are not eligible to enter or win. The term “household” includes all persons residing together in a single residence, whether or not related. Employees of other media companies (including radio and television stations) are not eligible to participate in the Promotion.
6. Entries will be accepted during the Promotion Period. To enter, visit https://www.pacificsandiego.com/contests/story/2019-10-17/contest-win-a-free-year-long-membership-to-both-one-medical-and-classpass (the “Promotion Page”) and accurately complete an official entry form on the Promotion Page with all required information, which may include your full name, current mailing address, phone number, email address and age or date of birth. If you are already a registered user, visit the Promotion Page and accurately complete the entry form.
7. All entries must be received by Sponsor by the close of the Promotion Period. Proof of sending is not proof of receipt by Sponsor. Sponsor will not accept screen shots as proof of entry.
8. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different email addresses, identities, registrations or logins) is prohibited and will void all entries submitted by that entrant. No group submissions will be accepted.
9. Entries must include a valid email address for the entrant. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of passive or active filtering of any kind. If there is a dispute as to the identity or eligibility of a winner based on an email address, the entry will be deemed made by the “Authorized Account Holder” of the email address used for entry. The Authorized Account Holder is the natural person who is assigned to the email address by the relevant Internet access provider, online service provider, or other organization responsible for assigning email addresses for the corresponding domain.
10. Entrants who fail to provide any required information may be disqualified without further notification by Sponsor. Sponsor is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. Sponsor reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Received entries become the property of Sponsor and will not be returned or acknowledged.
SELECTION, NOTIFICATION AND VERIFICATION OF WINNER
12. On Monday, December 2, 2019 or within a reasonable time thereafter, Sponsor or its designee will randomly choose 1 winner from all eligible entries. Subject to verification of eligibility, the person whose name is so drawn will be declared the winner. The odds of winning depend on the number of eligible entries.
13. Sponsor will attempt to contact potential winner in accordance with the information supplied to Sponsor on his or her entry. Winner must respond to initial notification within forty-eight hours and may be required to present valid photo identification, proof of age and residency, signed affidavit or declaration of eligibility, liability release, publicity release, tax forms and/or other legal documents to Sponsor no later than twenty-four hours after Sponsor sends the same to winner. Sponsor may in its sole discretion allow transmission of verification documents via fax or email.
14. If the potential winner: (a) cannot be contacted directly by, or does not respond to, Sponsor within forty-eight hours of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) fails to return any required documents or provide required information by the deadlines established by Sponsor; and/or (e) is otherwise determined to be ineligible, Sponsor in its discretion may disqualify that individual and an alternate winner may be chosen by random drawing as soon as reasonably practicable after such disqualification, time permitting. Alternate winner is subject to all eligibility requirements and restrictions of these Official Rules. If a winner cannot be verified for the prize after one alternate drawing, no further drawings will be held for the prize and that prize will not be awarded.
15. Sponsor may, in its sole discretion, post the verified winner’s name on the Promotion Page and/or any of Sponsor websites.
16. The winning prize will be a free year-long membership to BOTH One Medical and ClassPass. One Medical one-year membership valued at $200. Details to redeem will be sent directly to the winner once announced.
1. Winner must be at least 18 years old. Please check the website to see if your insurance is accepted at One Medical
2. All prize details will be at Sponsor’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local income, sales and use taxes (if any), or any other taxes, fees, and surcharges, gratuities, tips, transportation, parking, souvenirs, concessions, upgrades, personal items, and incidentals. Winner will be issued an IRS 1099 MISC tax form (or its equivalent) for the ARV of the prize awarded if required. Winner may also be required to provide Sponsor a valid social security number for tax purposes. Sponsor will not replace lost, stolen or damaged tickets once they have been given to winner. All prize details will be at Sponsor’s sole discretion. Prize offered is provided “as is” with no warranty or guarantee either express or implied by Sponsor or prize provider. Properly claimed prize will be awarded, but in no event will Sponsor award more prizes than are provided for in these Official Rules.
3. Prize is not transferable or redeemable for cash and may not be sold, bartered or auctioned. Prize may not be substituted except that Sponsor in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced by Sponsor.
4. Any portion of the prize not used by winner is forfeit and no cash substitute will be offered or permitted.
1. By accepting a prize, the winner grants Sponsor and prize provider the right to publicize his or her name, photographs (including the use and appearance of their photograph on Sponsor’s and prize provider’s websites), likeness, biographical information, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
1. Entrants agree that the Sponsor, Nant Media, all prize providers and co-sponsors, any other company involved in the development or administration of this Promotion, and all of their respective parents, subsidiaries, and affiliated entities and each of their respective officers, members, owners, employees, agents, agencies, franchisees, promoters, prize suppliers, and related persons (collectively, “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Sponsor by the deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winner, the prize or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winner because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize or any part thereof and any prize-related activities.
1. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES WILL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES WILL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, PRIZE AWARD OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN, OR INABILITY TO PARTICIPATE IN, THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
1. BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO THE ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF THE PRIZE OR ANY PART THEREOF, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY OR TRAVEL, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
1. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
1. All third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and will in no way imply an endorsement or sponsorship of the Promotion or grant to any third party the right to use any such trademarks for any purpose without the prior, written consent of the trademark owners.
1. Sponsor reserves the right to cancel, suspend or terminate this Promotion or any part thereof if Sponsor determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond Sponsor’s control. In such an event, Sponsor will post notice of same at the Promotion Page and select the winner by conducting a random drawing from among all eligible, non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances.
1. Sponsor reserves the right to disqualify any individual from further participation in the Promotion if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Promotion; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Promotion; or (d) has acted toward any Promotion Party or any other entrant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor shall not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules.
1. All activity arising out of and relating to the Promotion, including any reference to an entrant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules and, by participating in the Promotion, you agree to cooperate with Sponsor concerning such verification and/or auditing. If Sponsor determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, Sponsor reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time.
1. Sponsor reserves the right to correct typographical, printing or clerical errors in any Promotion-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
1. By entering the Promotion, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or prize awarded, must be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
1. If there is any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or the point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules will prevail, govern and control.
1. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Promotion, will be governed by California law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than California. All entrants expressly agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules must be brought only in the federal or state courts located in San Diego, and entrants consent to the mandatory and exclusive jurisdiction of such courts with respect to any such legal proceedings.
1. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.