higi SWEEPSTAKES PROGRAM OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. To enter you must be a resident of the United States thirteen (13) years or older. Entrants under the age of majority need their parents’ permission.
The higi Sweepstakes Program (the “Sweepstakes Program”) is sponsored by higi (“Sponsor”) and is only open to individuals who are legal residents of one (1) of the fifty (50) United States or the District of Columbia, are at least thirteen (13) years of age or older at the time of entry and are registered members of the higi Service. Entrants who have not yet reached the age of majority in the jurisdiction in which they reside will need to obtain verifiable written consent from their parents/legal guardians in order to be declared a winner. Employees, officers, directors and agents of Sponsor, its parent companies, affiliates, subsidiaries, advertising/promotional agencies, fulfillment companies and members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or persons living in the same household of such individuals (whether related or not), are ineligible to participate in any sweepstakes conducted as part of the Sweepstakes Program in any capacity or win a prize. An eligible individual as described herein is referred to as an “Entrant.”
There will be many Sweepstakes. Many will enter, few will win.
2. Sweepstakes Program Period
The Sweepstakes Program begins at 12:01 am ET on May 1, 2017, and ends at 11:59 pm ET on May 31, 2017 (the “Program Period”). During the Program Period, there will be multiple individual sweepstakes conducted through the higi Service, each with a separate start and end date (each, a “Sweepstakes Period”), and prize(s) (each, a “Sweepstakes”). The Sweepstakes Period applicable to each Sweepstakes, as well as the prize(s) being offered for such Sweepstakes, can be accessed by visiting the higi Service. Sponsor reserves the right to make changes to the list of available prize(s). Any such changes will become effective upon posting to the higi Service.
Sponsor’s computer is the official time-keeping device for each Sweepstakes.
3. How To Enter
A prospective Entrant may enter any or all Sweepstakes during the Program Period by visiting the higi Service and following the instructions for such Sweepstakes. Certain Sweepstakes will require the Entrant to redeem one or more higi watts in order to be eligible for such Sweepstakes. Certain Sweepstakes will require the Entrant to participate in challenges and fulfill certain requirements of such challenge in order to be eligible for such Sweepstakes.
There is no cost to become a member of higi Service or to use the higi Service, and there is no charge associated with collecting higi Watts, other than any standard data charges that may apply. Winners will be determined by random drawing.
higi may share the email address you provide to us with Sweepstakes Sponsor and affiliates for their direct marketing and other purposes. You may opt-out of such sharing by clicking “Unsubscribe” at the bottom of the email.
Other than the email you provide when you enter a Sweepstakes, we do not share your Personal Information, including Body Measurement Information, that may be linked to such information without your permission.
4. Random Drawings/Winner Notification/Odds of Winning
Entries for each sweepstakes will be randomly drawn from among all eligible entries received during the Sweepstakes Period for that Sweepstakes to determine the potential winners of that Sweepstakes (each, a “Winner”). Entries for a particular Sweepstakes must be received during the Sweepstakes Period for that Sweepstakes to be eligible for the drawing for that Sweepstakes. Entries received during the Sweepstakes Period for a particular Sweepstakes are only eligible for the drawing for that Sweepstakes and do NOT rollover into any drawing for any other Sweepstakes. Entrants need not be present to win. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period for the applicable Sweepstakes. Many will enter, few will win.
EACH SWEEPSTAKES IS A SEPARATE DRAWING AND ENTRIES RECEIVED FOR THAT SWEEPSTAKES WILL NOT BE CONSIDERED FOR ANY OTHER SWEEPSTAKES.
Winners will be notified and must respond in a timely fashion to receive their prize.
Each Winner will be notified by phone or e-mail (in Sponsor’s sole discretion) using the information provided at the time she/he joined the Rewards Program. If a potential Winner does not respond to the telephone call or e-mail within two (2) business days after notification, or if an e-mail notification is returned as undeliverable, such Winner may be disqualified and an alternate Winner selected from all remaining eligible entries received for that Sweepstakes. A potential Winner (and his/her parent or legal guardian, if such Winner is a minor) may also be required to sign and return, within two (2) business days, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release (where allowed by law) and a W-9 tax payer request for identification, to be eligible to receive a prize (“Prize Claim Documents”). If the Prize Claim Documents are not returned to Sponsor within the specified time period, or a potential Winner cannot be contacted for any reason, or if a potential Winner declines the prize for any reason prior to award, such potential Winner may be disqualified and an alternate Winner selected from all remaining eligible entries received for that Sweepstakes. In the event of any dispute concerning the identity of any Entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the e-mail account associated with the Rewards Program. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. An Entrant may be required to provide Sponsor with proof that he/she is the “authorized account holder” of the account associated with his/her entry.
higi can use Winners name and information in advertising.
By accepting a prize, each Winner hereby grants Sponsor the right (except where prohibited by law) to use the Winner’s name, likeness, biographical information, voice, and any statements or remarks made about the Rewards Program and/or winning or participating in the applicable Sweepstakes for advertising and promotional purposes (in any medium) without additional compensation.
Income taxes, if any, are the responsibility of the Winner.
5. Prizes/Approximate Retail Value (“ARV”)
The prize for the applicable Sweepstakes, including its ARV (which, for the prizes available to be awarded during the Program Period, will range from $100 – $2000 for each prize) will be listed on the higi Service and awarded to the Winner of that Sweepstakes. Additional restrictions applicable to a particular prize, if any, will be specified on the higi Service. Any difference between the stated ARV and the actual value of a particular prize will not be awarded in any form. Payment and reporting of income and other taxes (if any), as well as costs not expressly stated but which may be incurred in connection with the acceptance and use of a prize are the sole responsibility of each Winner. Sponsor is not responsible for any costs other than those expressly set out herein. Any prize details not specified herein or on the higi Service will be determined by Sponsor in its sole discretion and Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value for any and all prizes. No other substitutions or transfer of prizes allowed unless specifically authorized by Sponsor. Prizes will only be delivered to addresses within the United States. The use of a third party’s trademark in connection with any prize is solely to describe the prize and does not necessarily suggest any affiliation or sponsorship.
6. General Conditions
All federal, state, and local laws and regulations apply.
This section includes a general release of claims.
By participating in the Sweepstakes Program, each Entrant, on behalf of himself/herself, and his/her executors and heirs, agrees (a) to be bound and abide by these Official Rules and by all decisions of Sponsor, whose decisions are final and binding and not open to appeal; (b) to release, indemnify, defend and hold harmless Sponsor and its parent, subsidiaries, affiliates, members, shareholders, agents, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising or promotional agencies, prize suppliers and/or any prize-sponsoring agency (collectively, “Released Parties”), from any and all liability whatsoever in connection with or related to the Sweepstakes Program, including, without limitation, from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against Entrant, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of Entrant, including without limitation, claims concerning infringement or invasion of Entrant’s privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Sweepstakes Program), cross-claims or counterclaims, costs, injuries, losses or damages or demands of any kind (including without limitation personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES; (c) that he/she has no right to bring, and covenants not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties; (d) to assume all risks, express or implied, associated with all Claims released above, including without limitation, all risks concerning entry into and participation in the Sweepstakes Program; and (e) that NONE OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THE SWEEPSTAKES PROGRAM OR A PRIZE, AND ALL PRIZES ARE TENDERED ON AN “AS IS” BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY SWEEPSTAKES OR REWARDS PROGRAM MATERIALS OR ANY PRIZE.
Winners may be subject to a background check.
Winners may be asked to consent to a background check to be eligible to receive a Prize. If a potential Winner refuses to provide such consent, such potential Winner may be disqualified. Sponsor shall also have the right to disqualify any Entrant who commits, or has committed, any act, or is involved in, or has been involved in, any situation or occurrence, which in Sponsor’s sole discretion, brings Sponsor into public scandal or ridicule, shocks or offends the community, detracts from the public image of Sponsor, or reflects unfavorably upon Sponsor.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotion and/or Rewards Program materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
Neither Sponsor nor its agents or representatives is responsible for (a) typographical errors, omitted details or any other errors submitted by any Entrant, or errors in the printing of these Official Rules, the administration or fulfillment of any Sweepstakes or the announcement of prizes; (b) lost, late, illegible, incorrect, incomplete, misdirected, misaddressed, garbled or otherwise mutilated, stolen or delayed entries; (c) errors, omissions, interruptions, deletions, defects, destruction, theft or unauthorized access to, or alteration of entries or other problems (whether due to technical problems, human error or any combination thereof); (d) telephonic, mechanical, electronic, hardware or software program, network, Internet or computer malfunctions, communications line or other failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; (e) any technical difficulties receiving information or data from any third parties or any incorrect information or data provided by any third parties; or (f) any delay experienced by any Entrant due to (i) variations in the speed with which different mobile devices receive, send and otherwise process digital information or (ii) any other technical reason, whether due to the nature of digital systems or otherwise.
Do not try to take advantage of the Sweepstakes Program or you will be disqualified.
An Entrant’s entry will be disqualified, at the sole discretion of Sponsor, if he/she attempts to (a) enter any Sweepstakes through any means other than described in these Official Rules; (b) disrupt any Sweepstakes or the Sweepstakes Program, circumvent the terms and conditions of these Official Rules, or in any way tamper with a component of any Sweepstakes or the Sweepstakes Program; and/or (c) redeem more than the total number of higi watts available to him/her, including, without limitation, by using multiple Rewards Program membership accounts, email addresses, or registrations. Notwithstanding anything to the contrary contained in these Official Rules, Sponsor further reserves the right, in its sole discretion, to suspend, modify or cancel one or more Sweepstakes, the Sweepstakes Program in its entirety, or any portion of either, if it cannot be run as originally planned, including by reason of tampering, unauthorized intervention or fraud; infection by computer virus; malicious software attacks, bugs or other problems; or force majeure or other causes beyond the control of Sponsor which impair the integrity or corrupt the administration or security of any Sweepstakes or the Sweepstakes Program. In such event, any affected Sweepstakes shall be conducted from among all eligible entries received prior to suspension, modification or cancellation, if any, prior to the date on which the event that compromised the affected Sweepstakes and/or the Sweepstakes Program occurred.
Disputes will be resolved in court in Chicago.
Except where prohibited and subject to the releases and other provisions of these Official Rules, each Entrant: (1) agrees that any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes Program, any Sweepstakes, or any prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Chicago, Illinois; (2) agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys’ fees associated with participation in the Sweepstakes Program or any Sweepstakes; (3) agrees that no indirect, punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”); and (4) waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO A PARTICULAR ENTRANT(S).
The Sweepstakes Program, any and all Sweepstakes and these Official Rules are governed by the laws of the State of Illinois without regard to its conflicts of law rules.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE higi SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES PROGRAM OR ANY SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
7. Copy of Official Rules/Winners
List To obtain a copy of these Official Rules, visit higi.com/take-charge-rules/ during the Program Period. The name(s) of Winner(s) will be posted on the higi Service for a period of 3 months after the end of the Program Period.