2023 Health Guide Sweeptakes

OFFICIAL RULES

  • NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  • ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.

  • VOID IN PROHIBITED OR RESTRICTED BY LAW.

  • AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.

  • ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNIFICATIONS TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. Eligibility.  The Health Guide Sweepstakes (“Sweepstakes”) is open only to individuals who are legal residents and physically located in the United States and who are at least 21 years of age or older at the time of entry.  Employees, officers and directors of higi SH, LLC (“Higi”) and its affiliates, subsidiaries, advertising and promotion agencies, and distributors (“Sweepstakes Entities”), and each of such employees, officers, directors immediate family members or those living in the same household (regardless of whether they are legally related) of each are not eligible to enter the Sweepstakes or win a prize.  Void where prohibited or restricted by law.

2. How to Enter. The Sweepstakes begins on or about 12:00am CT on January 1, 2023, and all entries must be received on or before 11:59pm CT on December 31, 2023 (“Entry Period”).  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Higi, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.  To enter the Sweepstakes during the Entry Period, you must: (1) have an activated Higi account; (2) enroll in the “Health Guide Program” and (3) complete two “check-ins” while logged into your Higi account at least two (2) times during a single month.  “Check-ins” may consist of completing and submitting the questions presented.

Limit of one entry per person per month during the Entry Period will be accepted.  Subsequent attempts made by the same individual to submit multiple entries by using multiple or false information or otherwise may result in the entrant being disqualified.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be void or disqualified from the Sweepstakes at Higi’s sole and absolute discretion.  All materials submitted become the property of Higi and will not be returned. If a dispute arises over the identity of an entrant, entry will be deemed submitted by the registered Higi account holder associated with the entry.  Winners may be required to show proof of being the registered Higi account holder. If a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Higi’s satisfaction, the affected entry will be deemed ineligible. An entry is “received” when Higi’s servers record the entry information.  Proof of sending (such as an automated computer receipt) does not constitute proof of actual receipt for purposes of the Sweepstakes.  Higi’s database clock will be the official timekeeper for the Sweepstakes. Higi may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously.  Entries into one campaign, contest or sweepstakes does not constitute entry into any other.

3. Selection of Winner and Prize Claiming.  There will be five (5) winners in this Sweepstakes selected each month through a random drawing on or about the 1st day of the next month from all eligible entries received in accordance with these Official Rules. Each person can only win one (1) time during the Entry Period.  Higi has complete discretion over interpretation of the Official Rules, administration of the Sweepstakes, and selection of winner(s).  Higi will notify potential winner(s) by using information provided during account activation, including but not limited to, email in a commercially reasonable time after the drawing.  The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or ineligible contact information. Potential winner(s) may be required to submit an affidavit of eligibility/release of liability/prize acceptance agreement (collectively “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his/her prize. If any potential winner fails or refuses to sign and return such Affidavit within the required time period, or if the prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable, such potential winner may be disqualified and an alternate selected. If any winner cannot accept the prize, or declines a prize for any reason prior to award, such winner may be disqualified and an alternate winner selected. If, for any reason, other bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing will be the entrant’s sole and exclusive remedy under such circumstances.  The Sweepstakes Entities are not responsible for and will not be liable for late, lost, damaged, intercepted, misdirected, or any unsuccessful effort to notify potential winners or if potential winner is a minor, for late, lost, or any unsuccessful efforts of winner to provide signed parental or guardian consent.

4. Odds. Odds of winning will depend on the total number of eligible entries received.

5. Prizes and Values. The winner(s) of the Sweepstakes will receive a gift card, with an approximate retail value (“ARV”) of $50.00.  Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Higi’s sole and absolute discretion.  All prize details not specified in these Official Rules will be determined in Higi’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions. If Higi is unable to provide winner(s) with his/her prizes, Higi may elect to provide winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Prize winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.  The ARV of the prize is based on available information provided to Higi and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  A winner may be required to provide Higi with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner(s), or if a minor in the jurisdiction in which he/she resides, in the name of his/her parent or legal guardian for the actual value of the prizes received.  Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded.  Higi is not responsible for and will not replace any lost, mutilated, or stolen prizes.  If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Higi will have no further obligation with respect to that prize or portion of the prize. Higi will email prizes directly to winner(s) in a commercially reasonable time after the prize claim process has been completed.

6. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities, the person or entity who leases and/or owns the location where the Higi Station is located, the person or entity who leases or owns the Higi Stations where the Sweepstakes is being held, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liabilities, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes or related to any prize (including without limitation, losses, damages or injuries to entrants or any other person’s equipment or other property, or to their persons; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity or prize).  Without limiting the foregoing, entrants agree the Released Parties: (A) have neither made nor will be in any way responsible or liable for any warranty, representation or guaranteed, express or implied, in fact or in law, in connection with the Sweepstakes or prizes including without limitation to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment, or operation of any carrier, transportation company, delivery company, manufacturer, or other person or entity furnishing services, products or accommodation (“Suppliers”) as part of the prizes provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expenses, accident, delay, inconvenience  or anything else that may cause or contribute to: (1) the wrongful, negligent or unauthorized act or omission of the Suppliers or any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that Released Parties will have no responsibility or liability for discontinued prizes, human error, incorrect transcription of registration or account information, any technical malfunctions of the Higi Stations, telephone network, computer online system, computer dating mechanism, computer equipment, software or Internet service provider utilized by Higi or the location where a Higi Station is located; interruption or inability to access the Internet, Higi Stations or Higi’s websites or applications, or any other online service via the Internet due to hardware or software compatibility problems, any damage to participant’s or a third person’s computer or its contents related to or resulting from any part of the Sweepstakes or prize, any lost/delayed data transmissions, omissions, viruses, bugs, defects or any other errors or malfunctions even if caused by the negligence of Released Parties. Entrants agree to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided by a Supplier. Higi is not responsible for actions of entrants in connection with the Sweepstakes, including attempts to circumvent the Official Rules or interfere with conduct of the Sweepstakes.

By entering sweepstakes, entrant agrees to the extent permitted by law: (A) any disputes, claims, and causes of actions arising out of or connected with the Sweepstakes or any prize, will 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 (if any) not to exceed $10.00, but in no event will attorneys’ fees be awarded or recoverable; (C) in no event will entrants be permitted to obtain any award for and entrants knowingly and expressly waive all rights to seek punitive, incidental, consequential or special damages, lost profits or any other damages other than actual out of pocket expenses not to exceed $10.00, or any rights to have damages multiplied or otherwise increased; and (D) entrants’ remedies are limited to a claim for money damages (if any) and entrants irrevocably waive any right to seek injunctive or equitable relief.

7. List of Winners/Official Rules. To receive a list of winner(s) or official rules, send a self-stamped addressed envelope prior to January 20, 2023 to: LEGAL DEPT, HEALTH GUIDE SWEEPSTAKES, Higi, 1600 S. Wacker Drive, Suite 1600, Chicago, IL 60606.  Vermont residents may omit return postage with Official Rules request.

8. Miscellaneous. The invalidity or unenforceability of any provision of the Official Rules will not affect the validity or enforceability of any other provision.  If any provision of the Official Rules is determined to be invalid, illegal, or otherwise unenforceable, the other provisions will remain in effect and construed according to their terms as if the invalid or illegal provision were omitted. Higi’s failure to enforce any term of the Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of the Official Rules.  Headings are used for convenience and will not affect the meaning or intent of the Official Rules. If there is an inconsistency in any Sweepstakes related materials, privacy policy or terms of use or the Official Rules, the Official Rules will prevail, govern and control and the inconsistency will be resolved in Higi’s discretion.