Children’s Miracle Network Hospitals
2021 Children’s Hospitals Week Virtual Showcase Points-A-Palooza Contest (“Contest”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR DONATION WILL NOT INCREASE THE CHANCE OF WINNING. THIS IS A CONTEST. VOID WHERE PROHIBITED. BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, EACH CONTESTANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF CHILDREN’S MIRACLE NETWORK D/B/A CHILDREN’S MIRACLE NETWORK HOSPITALS (“CMN HOSPITALS” OR “SPONSOR”), WHICH SHALL BE FINAL IN ALL RESPECTS. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF CONTESTANTS PER CONTEST.
INDIVIDUALS ARE NOT ELIGIBLE IF PARTICIPATION IN THIS CONTEST IS PROBHIBITED BY THEIR EMPLOYER.
ENTRANTS MUST BE 18 OR OLDER TO ENTER.
A VERIFICATION OF ELIGIBILITY, LIABILITY RELEASE AND PUBLICITY RELEASE WILL BE REQUIRED FOR THE WINNER.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
READ THESE OFFICIAL RULES CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO CMN HOSPITALS FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
These are the Official Rules for the 2021 Children’s Hospitals Week Virtual Showcase Points-A-Palooza Contest.
1. Eligibility. The Contest is open only to individuals (not groups) who are legal residents of, and physically located in, one of the fifty (50) United States or the District of Columbia (but excluding the territories of Puerto Rico, Guam, American Samoa, and any other United States territories, possessions, and protectorates, foreign based United States military installations, and wherever restricted or prohibited by law) and Canada. Contestant must be at least eighteen (18) years of age (or the age of majority in his or her state of citizenship, whichever is older) as of the date of entry. Officers, directors, employees, representatives and agents of Sponsor are not eligible to participate in the Contest and/or win a prize. Additionally, immediate family members and/or those living in the same household (whether legally related or not) of any officers, directors, employees, representatives and agents of Sponsor are not eligible to win. For the purposes of this Contest, immediate family members are defined as spouses, parents (including step-parents), in-laws, grandparents, siblings (including step-siblings), offspring (including step-children) and grandchildren. In addition, you are not eligible to participate or win a prize in this Contest if you have been involved in the development, organization, production, implementation and distribution of this Contest.
2. Entry Period. To enter the Contest, you must agree to these Official Rules by agreeing to them upon entering the Virtual Showcase. Proof of submitting a registration will not be deemed by Sponsor as proof of receipt of registration in the Contest. Any attempted form of entry into the other than as described herein is void. Contestants will be required to acknowledge that they have read and accept the Contest’s Official Rules and are at least eighteen (18) years of age as of the date of entry.
3. If for any reason, the Contest or any of its Contests is not capable of running as planned, whether by reason of malfunction, tampering, unauthorized intervention, fraud, technical failures, or any other causes, which, in the sole opinion of Sponsor, could corrupt or affect the safety of Contestants or the administration, security, fairness, integrity or proper conduct of the Contest or its Contests, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and/or Contest(s) by giving notice as deemed appropriate by Sponsor.
4. How to Win. On Monday, April 19, 2021 from 9:00 a.m. Eastern Daylight Time through 11:59 p.m. Eastern Daylight Time and on each day from April 20, 2021 through April 23, 2021, from 12:01 a.m. Eastern Daylight Time though 11:59 p.m., Eastern Daylight Time, Contestants will accrue points for clicking on various links and activities in the booths they visit in the 2021 Children’s Hospitals Week Virtual Showcase at www.childrenshospitalsweek.org. Clicks will be worth a variety of points, and the number of points a click is worth will not be revealed until it is added to the Contestant’s running total that will be visible to the Contestant. There is no limit to the number of times a link may be clicked for points. The eligible Entrants who accrue the most points each day will win that day’s prizes, as described below. The eligible Entrant who accrues the most points during the period 9:00 a.m. Eastern Daylight Time on April 19, 2021 through 11:59 p.m. Eastern Daylight Time on April 23, 2021, will win the Grand Prize, described below. In the event of a tie, the winner of each prize will be determined through drawing conducted by Sponsor.
Entries, virtual booth clicks or points generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Registrations that do not comply in all material respects with these Official Rules or that otherwise contain false, misleading, copied, prohibited, or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified. Any individual who does not follow all instructions, provide all required information in their registration, or comply with these Official Rules or other instructions of Sponsor may be disqualified. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Registration into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
Sponsor and its respective officers, directors, employees, representatives and agents will not be responsible for: (a) any delayed, late, lost, misrouted, garbled, distorted or damaged transmissions, submissions, content or entries; (b) telephonic, electronic, hardware, software, network, internet, or other computer or communications-related malfunctions or failures; (c) any printing or typographical errors; or (d) any human error, which may occur in the processing of the entries in a Contest and/or which may limit a participant’s ability to participate in a Contest. Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these Official Rules will forfeit any prize won and may be prosecuted to the fullest extent of the law for relief in criminal or civil court.
5. Winners/Prizes. Three (3) prizes will be awarded to the Contestants with the first, second and third highest point total each day from April 19, 2021 through April 23, 2021 during the times described above, and one Grand Prize will be awarded for the person with the highest point total for the entire period 9:00 a.m. Eastern Daylight Time on April 19, 2021 through 11:59 p.m. Eastern Daylight Time on April 23, 2021. The prizes awarded will be as follows with their approximate retail values (“ARV”):
|Prizes for Monday, April 19, 2021||Wolf Charger (ARV $80.00)|
Magnetic Charging Cord (ARV $20.00)
Heated Mug (ARV $130.00)
|Prizes for Tuesday, April 20, 2021||Magnetic Charging Cord (ARV $20.00)|
HD Webcam (ARV $70.00)
Bose Soundlink Revolve (ARV $179.00)
|Prizes for Wednesday, April 21, 2021||Magnetic Charging Cord (ARV $20.00)|
HoverBar Duo (ARV $80.00)
Bose Soundlink Revolve (ARV $179.00)
|Prizes for Thursday, April 22, 2021||Magnetic Charging Cord (ARV $20.00)|
HD Webcam (ARV $70.00)
Apple TV (ARV $200.00)
|Prizes for Friday, April 23, 2021||Magnetic Charging Cord (ARV $20.00)|
HoverBar Duo (ARV $80.00)
Apple Watch (ARV 280.00)
The Contestant with the most points each day during the relevant periods will have first choice among the prizes offered for that day. The Contestant with the second most points will be able to choose between the two remaining prizes for that day and the Contestant with the third most points will receive the remaining prize for that day. In the event of a tie, the winner of each prize will be determined through drawing conducted by Sponsor.
The Grand Prize shall be a trip for one (1) individual to Orlando, Florida during Children’s Hospitals Week 2022, including round-trip coach airfare to Orlando, Florida, three (3) nights’ stay at a nearby hotel selected by Sponsor, ground transportation to and from the Orlando Airport to the hotel, waived event registration fees, and per diem for three (3) meals a day for up to four (4) days (ARV $5,000.00). Odds of winning depend on the total number of eligible Contestants for each Contest.
Upon Sponsor’s request, Contestant and/or potential winner agrees:
- To be interviewed (whether by audio or video equipment) and photographed for purposes of confirming identity and for Sponsor’s promotion and publication (as more particularly described below);
- To provide a photograph for use by Sponsor in its promotion and publication (as more particularly described below); and
- To complete and return to Sponsor and Affidavit of Eligibility, Liability Release, and Publicity Release (as more particularly described below), a Form W-9, and any other tax documents or other documentation that Sponsor may require (collectively “Affidavit/Release”), within seven (7) calendar days after receipt of such documents.
Sponsor will announce the winners beginning on April 20, 2021 and ending on April 24, 2021. All winners will be listed on https://childrenshospitalsweek.childrensmiraclenetworkhospitals.org/en/daily-cmn?d=4/24 by April 25, 2021.
Potential winners will be notified in-person, via e-mail, via telephone or videoconference and/or via postal mail at Sponsor’s discretion. In the event the potential winner does not respond for any reason to Sponsor’s notification within seven (7) calendar days of notification, the prize may be deemed forfeited or an alternate winner may be selected. In the event that any one or more potential winner(s) fails to respond as stated above, declines the prize or fails to provide signed Affidavit/Release, such winner(s) will be deemed to forfeit the prize and Sponsor shall have no further liability regarding the same.
7. General Conditions. All Contestants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor (including, without limitation, interpretation of these Official Rules and awarding of prizes) which are final and cannot be challenged or appealed. Each potential prize winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor), will be required to sign, execute, have notarized where required by Sponsor, and return in the manner requested by Sponsor an original, unmodified Affidavit of Eligibility, Liability Release, and Publicity Release, a Form W-9, and any other documentation that Sponsor may require, within seven (7) calendar days after receipt of such documents or such potential winner may be disqualified. The Affidavit/Release will require the potential prize winner to provide sensitive personal information, including, without limitation, the potential prize winner’s full legal name, date of birth, home address, and, if required by law, social security number. If a winner is a resident of a jurisdiction that deems him/her to be a minor, such winner’s prize may be awarded in the name of his/her parent/legal guardian. By returning a completed Affidavit/Release such winner attests to the provisions stated therein, including compliance with these Official Rules. Sponsor reserves the right to conduct background checks on a potential winner as a condition to receipt of a prize. Potential winner(s) may first be required to submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive a prize. Sponsor reserves the right, in its sole discretion, to disqualify any potential winner based on such background check if Sponsor determines, in its sole discretion, that awarding a prize to such winner might reflect negatively on Sponsor. Non-compliance shall result in disqualification. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential winner cannot receive the prize, or declines the prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. Sponsor is not responsible for and shall not be liable for, and will not replace, late, lost, damaged, intercepted, misdirected, or stolen prizes or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. Sponsor is not responsible for or liable for unsuccessful efforts to notify a potential winner. The prizes will be delivered to the winners as soon as reasonably practicable, as determined by Sponsor in its sole and absolute discretion. By entering this Contest, Contestant agrees to waive any right to claim ambiguity with the Official Rules.
9. Tampering with Contests. Sponsor is not responsible for the actions of Contestants in connection with the Contest, including all Contests, and Contestant attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds or reasonably believes, in its sole discretion, to be tampering with the operation of a Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt to cheat the Contest or any Contest, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Contestant, as well as other possible consequences, including disqualification from any and all existing and future Contests and contests hosted or sponsored by Sponsor. ANY ATTEMPT TO DAMAGE ANY CONTEST-RELATED ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY CONTEST CONTESTANT MAKING SUCH AN ATTEMPT AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Submission of a registration and participation in the Contest is acknowledgement of, and agreement to be bound by, all terms and conditions of these Official Rules.
10. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control, Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
11. Waivers, Disclaimers and Releases. By participating in the Contest, Contestant agrees to release, discharge and hold harmless, for his/her self and for their heirs, executors, administrators, assigns and any other person(s) who may take by or through Contestant, Sponsor and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, and each of their respective parents, agents, affiliates, assigns, subsidiaries, advertising and promotion agencies, and each of their respective directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Contestant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to Contestant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a 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 Contest activity and/or prize). Without limiting the generality of the foregoing, Contestant (or Contestant’s parent/legal guardian where applicable) agrees that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; and (b) maintain no control over the personnel or equipment or other person or entity furnishing services, products or accommodations (“Suppliers”) in connection with the Contest. Contestant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Internet, or Sponsor’s websites, or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Contestant’s (or any third person’s) computer and/or its contents, equipment, or other property related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Contestant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledges that the 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 exclusively by Suppliers that may be sent along with a prize; this release covers, without limitation, any damage, liability, costs, attorneys’ fees and expenses whatsoever arising directly or indirectly out of the Contest or Contestant’s acceptance, use, misuse, utilization, omission or possession of any prize that may be awarded to Contestant in the Contest, and also includes, without limitation, claims based on personal injury, death, loss of enjoyment, property damage, any claims based on publicity rights, privacy rights, personality rights, “moral rights,” defamation and any and all taxes levied, assessed or collected or other harm or loss of any nature, even if due to the negligence, omission, or other fault of Sponsor or the Released Parties. The Released Parties are not responsible for the actions of Contestants in connection with the Contest, including Contestant attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. The Released Parties are not responsible for any changes or unavailability of any platform that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use said platform for the Contest as set forth herein) or Contestant’s ability to timely enter, receive notices or communicate with Sponsor via said platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. Contestant (or Contestant’s parent/legal guardian where applicable) further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Contestant (or Contestant’s parent/legal guardian where applicable) acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
12. Entry Information and Contest Communications. As a condition of entering the Contest, each Contestant (or Contestant’s parent/legal guardian where applicable) gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties and post it on online, including for the purpose of advertising and administering this Contest and to comply with applicable laws, regulations and rules. Any information a Contestant (or Contestant’s parent/legal guardian where applicable) provides to Sponsor may be used to communicate with Contestant in relation to this Contest or to be included in a Contest winner’s list.
13. Governing Law; Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Contestants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE CONTEST, CONTESTANT (OR CONTESTANT’S PARENT/LEGAL GUARDIAN WHERE APPLICABLE) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, 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 THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY CONTESTANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND CONTESTANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) CONTESTANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND CONTESTANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLDUING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
14. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state or federal courts in Salt Lake City, Utah, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole impartial arbitrator pursuant to proceedings administered by the American Arbitration Association or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Salt Lake City, Utah; provided, however, if the location is not convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Salt Lake County, Utah. Sponsor will not be responsible for paying any fees associated with a Contestant’s travel or other costs incurred to attend an arbitration hearing. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
15. List of Contest Winner/Official Rules Requests. For a copy of the winner list available after April 24, 2021, visit https://childrenshospitalsweek.childrensmiraclenetworkhospitals.org/en/daily-cmn?d=4/24 or send a stamped, self-addressed envelope to: Children’s Miracle Network Hospitals at 205 West 700 South, Salt Lake City, Utah, 84101 no later than June 25, 2021. For a copy of the Official Rules or for more information on how to participate in the Contest, please visit https://childrenshospitalsweek.childrensmiraclenetworkhospitals.org/en/rules-cmn or send a stamped, self-addressed envelope to: Children’s Miracle Network Hospitals at 205 West 700 South, Salt Lake City, Utah, 84101. Vermont residents may exclude return postage. All requests must be received by June 25, 2021.
Trademarks and/or logos used herein are trademarks/logos of Sponsor in the United States and/other countries. All rights reserved.
END OF OFFICIAL RULES