CaféWell New Users Sweepstakes Official Rules

 

NO PURCHASE, ENTRY FEE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER FOR A CHANCE TO WIN THIS CAFÉWELL NEW USERS SWEEPSTAKES (“SWEEPSTAKES”).  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  SWEEPSTAKES OPEN TO PERSONS WHO: (1) ARE LEGAL RESIDENTS OF THE UNITED STATES OR D.C., (2) WHO REGISTER ON THE CAFÉWELL WEBSITE DURING AN ENTRY PERIOD (AS DEFINED IN SECTION 1 BELOW), (3) ARE AT LEAST 18 YEARS OF AGE ON DATE OF ENTRY, (4) IF REQUESTED, PROVIDE THE NAME OF THEIR HEALTH PLAN, (5) WHO HAVE CHECKED A BOX INDICATING THAT THEY HAVE READ, AND AGREE TO BE BOUND BY, THESE OFFICIAL RULES. VOID IN PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.

 

1) SWEEPSTAKES PERIOD: The Sweepstakes starts on July 1, 2012 at 12:00:01 AM Eastern Daylight Time (EDT) and ends May 31, 2013 at 11:59:59 PM EDT, (the "Sweepstakes Period"). The computer of WellTok, Inc. (“Sponsor”) is the official timekeeper for this Sweepstakes. The Sweepstakes consists of drawings (“Monthly Drawings”) for eleven (11) separate monthly entry periods (each, an “Entry Period”).  Each Monthly Drawing will be conducted among all Entries (as such term is defined in Section 3 below), in accordance with the Random Drawing Schedule below. Please refer to the Random Drawing Schedule set forth below for Entry Periods, Prizes (as such term is defined in Section 5 below) available and scheduled drawing dates. All times are recorded as Eastern Time. Sweepstakes may be terminated at any time, for any reason, in Sponsors’ sole and absolute discretion (“Termination”), with 60 days’ prior written notice from Sponsor to all users (“Termination Notice”).  Termination Notice shall be sent to all email addresses provided during users’ CaféWell registration.

RANDOM DRAWING SCHEDULE

Entry Period (starts 12:00:01 am ends 11:59:59pm)	Quantity	Prize	Scheduled Random Drawing Date
7/1/12-7/31/12	Five (5)	$100 Amazon.com Gift Cards	8/10/12
8/1/12-8/31/12	Five (5)	$100 Amazon.com Gift Cards	9/10/12
9/1/12-9/30/12	Five (5)	$100 Amazon.com Gift Cards	10/10/12
10/1/12 – 10/31/12	Five (5)	$100 Amazon.com Gift Cards	11/12/12
11/1/12 – 11/31/12	Five (5)	$100 Amazon.com Gift Cards	12/10/12
12/1/12 – 12/31/12	Five (5)	$100 Amazon.com Gift Cards	1/10/13
1/1/13 – 1/31/13	Five (5)	$100 Amazon.com Gift Cards	2/11/13
2/1/13  - 2/28/13	Five (5)	$100 Amazon.com Gift Cards	3/11/13
3/1 – 3/31	Five (5)	$100 Amazon.com Gift Cards	4/10/13
4/1 – 4/30	Five (5)	$100 Amazon.com Gift Cards	5/10/13
5/1 – 5/31	Five (5)	$100 Amazon.com Gift Cards	6/10/13

 

2) ELIGIBILITY: This Sweepstakes is offered and open only to persons who: (a) legally reside in the United States or District of Columbia, (b) who register at the CaféWell website during an Entry Period, (c) are at least eighteen (18) years of age on the date of entry in this Sweepstakes, (d) if requested, provide the name of their health plan, and (e) have checked a box indicating that they have read, and agree to be bound by, these Official Rules (each a “Participant”).  Participant’s eligibility is limited to one (1) Entry Period, regardless of the number of times Participant may register for CaféWell.  Sponsor reserves the right, in its sole and absolute discretion, to disqualify from this Sweepstakes any person suspected of registering for CaféWell more than once.   Officers, directors and employees of Sponsor, participating health plans, Marden-Kane, Inc. (“Administrator”), each of their respective parent, subsidiary and affiliated companies, distributors, advertising and promotional agencies, persons engaged in the development, production, distribution of web site and direct marketing materials or Prize providers for this Sweepstakes (collectively, the “Sweepstakes Entities”) and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate. This Sweepstakes is void in Puerto Rico, all US territories and possessions, and where prohibited by law. U.S. law governs this Sweepstakes.

3) HOW TO ENTER: No purchase, entry fee or payment of any kind is necessary to participate in this Sweepstakes.  To receive an Entry in the Sweepstakes for the applicable Entry Period (an “Entry”), a Participant must register on the CaféWell website during an Entry Period.  A Participant’s Entry will only count toward the Monthly Drawing corresponding to the Entry Period during which the Participant registered for CaféWell.

Any Entry generated by automatic or mechanical means is void.  A Participant’s Entry in the Sweepstakes does not guarantee that he or she has won or will win a Prize.  Any individual who attempts to enter, or, in the sole and absolute discretion of Sponsor, is suspected of submitting Entries in excess of the disclosed maximum, by any means, will be disqualified from participation in this Sweepstakes. In the event of a dispute over the identity of any potential winner of a Monthly Drawing (a “Potential Winner”), the Entry will be declared made by the authorized account holder of the email address submitted at the time of entry.  Potential Winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address account. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address. Proof of submission of registration information, such as a copy saved in a “sent” folder, will not serve as an Entry in this Sweepstakes. It is the sole responsibility of Participant to notify Sponsor in writing if Participant changes his/her email or postal address during the Sweepstakes Period. All Entries become the property of Sponsor and will not be returned to Participants.
 
Any information collected from the Sweepstakes shall be used only in a manner consistent with the consent given by the Participants/Entrants at the time of sign-in or registration, with these Official Rules, and with the Sponsor’s Privacy Policy found at: http://privacy.cafewell.com/privacy.

4) PRIZE DRAWINGS AND NOTIFICATION: The Monthly Drawings will be conducted by an independent judging agency on or about the dates listed above in the Random Drawing Table. Odds of winning a Prize in any of the individual Monthly Drawings noted above in the Random Drawing Table will depend on the total number of eligible Entries received for each Entry Period. Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes.  Potential Winners of the Prizes listed below may be required to sign: (a) an Affidavit of Eligibility/Liability, (b) where legally required, a Publicity Release, (collectively, the “Winner Documents”).  Potential Winners must return the Winner Documents, properly executed, within ten (10) days of issuance of notification by Administrator (the “Winner Notification”) in order to be considered a confirmed winner and receive the Prize (“Confirmed Winner”).  Any of the following will result in a Potential Winner being disqualified and the Prize being awarded to a potential alternate winner: (1) Potential Winner’s failure to return all Winner Documents as specified, (2) Winner Notification is not received by Potential Winner or is returned as undeliverable, or (3) Potential Winner is not complying with any terms of these Official Rules. Upon disqualification, no compensation will be given to Potential Winner. Administrator will attempt to notify the Potential Winner via email within five (5) business days of the applicable Monthly Drawing, using the contact information provided at time of registration. If a Potential Winner is a minor under the law of his/her jurisdiction of residence (residents of Alabama and Nebraska must be 19 years of age or older and residents of Mississippi must be at least 21) at the time of entry, his/her respective parent or legal guardian may be required to execute the Winner Documents in order to accept the Prize on his/her behalf. If parent or legal guardian is unavailable to execute the Winner Documents, such minor Potential Winner will not be considered a Confirmed Winner and receive the Prize. A Confirmed Winner’s acceptance of the Prize constitutes permission for the Sponsor and its designees to use Confirmed Winner’s CaféWell screen name for advertising and promotional purposes in any and all media now known or hereafter developed, without additional compensation, except where prohibited by law. Limit one Prize per family household or physical mailing address for the entire Sweepstakes Period.

5) PRIZES: See Random Drawing Table for number of Amazon.com Gift Card prizes and Approximate Retail Value (ARV) for each (“Prize”).  All Prizes will be awarded. Prizes are non-transferable, non-assignable and will be awarded “as is” without any warranties, guarantees or representation of any kind, expressed or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Total ARV of all Prizes to be awarded during the Sweepstakes is $5,500.

Confirmed Winners of an Amazon.com Gift Card prize must adhere to the following Gift Card usage guidelines: Amazon.com is not a sponsor of this Sweepstakes. Amazon, Amazon.com, the Amazon.com logo, and the Amazon Gift Cards logo are trademarks of Amazon.com, Inc. or its affiliates. Amazon.com Gift Cards (“GCs”) may be used only for purchases of eligible goods on Amazon.com or it affiliated websites. GCs cannot be redeemed for purchases of gift cards. Except as required by law, GCs cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. See www.amazon.com/gc-legal for complete terms and conditions. GCs are issued and ©2012 by ACI Gift Cards, Inc., a Washington corporation.

By accepting the Prize, Confirmed Winner acknowledges compliance with these Official Rules. Neither Sponsor nor any of its designated supplier companies will be responsible for Prizes sent by mail to the intended Confirmed Winner that are lost, stolen, misdirected or used without permission,  and such Prizes in question will not be replaced. All federal, state, or other tax liabilities arising from this Sweepstakes are the sole responsibility of the Confirmed Winner.  Please allow up to eight (8) weeks for delivery of Prize.

6) PRIZE RESTRICTIONS: Prize substitution or cash equivalents will not be allowed, except as expressly provided in these Official Rules or otherwise at the sole and absolute discretion of the Sponsor, who reserves the right to substitute a Prize with one of equal or greater approximate retail value or comparable use should the advertised Prize become unavailable for any reason (except as already clarified herein).  Federal, state, and local taxes, and any expenses relating to the acceptance and use of the Prize not otherwise specified herein, are the responsibility of Confirmed Winner.

7) CONDUCT: This Sweepstakes is subject to all federal, state and local laws/regulations.  Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Participant suspected of fraudulently participating in the Sweepstakes. By entering this Sweepstakes, Participant agrees (1) to be bound by these Official Rules and (2) the decisions of Sponsor and/or the Administrator that shall be final and binding in all respects.  These Official Rules are accessible at rules.cafewell.com/rules/newusers throughout the Sweepstakes Period. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right in its sole and absolute discretion to disqualify any individual: (a) suspected of tampering with the entry process or the operation of the Sweepstakes, (b) acting in any manner deemed by Sponsor to be in violation of the Official Rules, (c) suspected of creating multiple CaféWell accounts for the purposes of receiving additional Entries into more than one Monthly Drawing or Entry Period, (d) acting in an unsportsmanlike or disruptive manner, or (e) acting with intent to annoy, abuse, threaten or harass any other person.  CAUTION: ANY ATTEMPT BY A USER, PARTICIPANT OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) 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 OR ANY OTHER PROVISION.

8) LIMITATIONS OF LIABILITY: Sweepstakes Entities assume no responsibility or liability for: (a) any incorrect or inaccurate, late, misdirected, damaged, incomplete, undecipherable entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or any combination thereof, (e) any damage or losses of any kind, including direct, indirect, incidental or consequential to Participant’s or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes or download any materials in the Sweepstakes; or (f) any personal injury to Participant which may be related to or resulting from any attempt to participate in the Sweepstakes. Participant should consult with their Physician before starting any physical exercise program.  If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, non-electronic tampering, time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control (each a “Force Majeure” event), or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor reserves the right at its sole and absolute discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, and award the Prize in a random drawing from among all non-suspect eligible entries received as of the termination date.  Sponsor is not responsible if a Potential Winner does not receive a Winner Notification or corresponding Prize because a fraudulent e-mail address or other inaccurate contact information was provided at the time of entry or if the e-mail sent to a Potential Winner is misdirected or bounces back or is intercepted by SPAM or other e-mail filters.

9) PARTICIPANT RELEASES: Participant, as a condition of entry into the Sweepstakes, agrees to release Sweepstakes Entities, and their respective parents, subsidiaries, affiliates, divisions, distributors, suppliers, printers, application developers, distributors and websites, advertising and promotional agencies, from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Sweepstakes page; submitting an Entry or otherwise participating in any aspect of the  Sweepstakes; the receipt, ownership or use of any Prize awarded; preparing for, participating in or traveling to and/or from any Prize-related activity, or any typographical, human, printing or other inadvertent error in these Official Rules, or promotional materials relating to the Sweepstakes. The winner shall bear all risk of loss or damage to their Prize after it has been delivered. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any Prize. Except where prohibited by law, Confirmed Winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter developed and without limitation the winner’s CaféWell screen name, without additional compensation, for public relations, advertising and promotional purposes without further payment or consideration, as determined by Sponsor. In the event there is a discrepancy or inconsistency between statements contained in any Promotion-related materials, and terms and conditions stated in the Official Rules, these Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

10) DISPUTES: Participant agrees that:  (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, (b) forum is exclusive to the United States District Court for Colorado or the appropriate Colorado State Court; (c) 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, will include attorneys’ fees; and (d) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby expressly waives all rights to claim, punitive, incidental and/or 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.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado.

11) Who Won: The winners’ list for the entire Sweepstakes Period may be requested by sending in a self-addressed stamped envelope by 5/31/13 to: New Users Sweepstakes Winners, PO Box 556, Lake Bluff, IL 60044-0556.

12) SPONSOR/ADMINISTRATOR: Sponsor:  WellTok, Inc., 1530 15th Street, Denver, CO 80202.  Administrator: Marden-Kane, Inc., 611 Rockland Rd, Suite 204 Lake Bluff, IL 60044.

Registered trademarks on the Prizes provided are the property of the respective participating Prize suppliers.

The Prize providers are not Sponsors of this Sweepstakes and are not associated with the Sweepstakes in any way.