NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Subject to Section 2 below, the Sweepstakes is open to all holders of valid email addresses who opt in to receive emails from Aspire Fertility from Monday, November 2, 2015 at 12:00am CST until Friday, December 31, 2015 at 11:59pm CST. Maximum one (1) prize per household, or e-mail address.
1. Sponsor: The Aspire Fertility IVF Promotional Raffle (the “Sweepstakes”) is sponsored by Inception Fertility Ventures, 12 Greenway Plaza, Suite 1100, Houston, TX 77046 (“Inception Fertility” or “Sponsor”).
2. Eligibility: PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE as of the start of the Entry Period (defined below), and who submit a valid Entry (as defined below) as provided herein (“Participant”). Employees of Sponsor, Fertility Planit LLC (the “Sponsor Parties”), their respective subsidiaries, affiliates and agents, and the immediate family members (defined as parents, children, siblings, domestic partner, husband or wife) of any of the Sponsor Parties’ respective subsidiaries, affiliates, employees or agents, are not eligible to participate. Sponsor reserves the right to disqualify any Participant if Sponsor determines, in its sole discretion, that Participant’s participation in the Sweepstakes or receipt of prize would violate local law or cause damage to the reputation of Fertility Planit and/or any other party.
3. Agreement to Official Rules: Participation in the Sweepstakes constitutes Participant’s full and unconditional agreement to, and acceptance of, these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. These Official Rules will be posted athttps://www.aspirefertility.com/sweepstakes-rules.html
4. Entry Period: The Sweepstakes will start on Monday, November 2, 2015 at 12:00am CST until Friday, December 31, 2015 at 11:59pm CST (the “Entry Period”). Sponsor’s computer will be the official timekeeping device for the Sweepstakes. Sweepstakes Entries that are submitted before or after the Entry Period will be disqualified.
Create and Submit an Entry: To participate in the Sweepstakes, a Participant:
1. Must have a valid email address.
2. Must opt in to receive Aspire Fertility emails via the email signup form at the Aspire Fertility website (https://www.aspirefertility.com).
3. Must opt in to participate in the Sweepstakes on the email signup form at the Aspire Fertility website, during the Entry Period.
To be eligible, Entries must meet each of the following criteria (“Eligible Entry”):
1. The Entry must contain a valid email address.
2. The email address must be opted in to the Aspire Fertility email newsletter list.
3. The email address must also be opted in to participate in the Sweepstakes.
For All Entries: Participant is able to provide only a single Entry into the Sweepstakes. Any Entries that do not comply with the above Guidelines will not be eligible to win a prize. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entry, the Authorized Account Holder of the email address used to register for the Sweepstakes will be deemed to be the Participant. The “Authorized Account Holder” is the natural person assigned the email address used to opt in to the Aspire Fertility email newsletter list, as that is determined by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Entries, which may be disqualified, or for any error, human, technical or otherwise. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Sweepstakes or to be acting in violation of these Official Rules.
5. Winner Selection: Sponsor will select five (5) winners at random following the Entry Period on or about Saturday, January 1, 2016 through Monday, January 4, 2016 from all Eligible responses received during the Entry Period. Winners will be notified by opted in email address and announced on @AspireIVF Twitter handle, Aspire Fertility Facebook Page (http://www.facebook.com/AspireFertilityHouston) and Instagram Account (http://instagram.com/AspireIVF). Odds of winning depend upon the number of Eligible Entries.
6. Prize Notification and Delivery: Sponsor will notify the winner by email message on or shortly after Monday, January 4, 2016. Within seventy two (72) hours of the Sponsor’s email winner notification, winner must supply any requested information for the administration of the Sweepstakes. Potential winners will be required to immediately sign and return to Sponsor, an Affidavit of Eligibility, Liability and Publicity Release (“Release”) in order to claim his or her prize. If a potential winner of any prize cannot be contacted, fails to respond to the notification within seventy two (72) hours, or fails or refuses to fully complete, sign and return the Affidavit, he or she forfeits the applicable prize and the prize will be awarded to an alternate winner, selected by random drawing from among remaining Eligible Entries. Prizes will be distributed to the winner immediately upon completion of the Sweepstakes. Failure to comply with any term or condition in these Official Rules may result in disqualification of a Participant, in Sponsor’s sole discretion. Potential winner(s) may waive their right to receive a prize, in which case an alternate winner will be selected in the manner described above.
7. Winners and Prizes: Five (5) prize winners will each receive one (1) in vitro fertilization (IVF) cycle at a fifty percent (50%) discount. An IVF cycle will include IVF, Intracytoplasmic Sperm Injection (ICSI), Assisted Hatching (AH), and one year of cryostorage. Medications required for IVF are not included and will be the financial responsibility of the winner. Pre-IVF lab tests and work-ups, carrier screening, or genetic testing is not included. Approximate retail value of prize package is $6,750 USD.
For All Prizes: Maximum one (1) prize per household or e-mail address. The total value of all prizes equals approximately $6,750 USD. Prize values accurate as of October 27, 2015. Offer is subject to geographical limitation. Prices and exchange rates may vary, and dealer may sell for less. All aspects of the prizes not noted above (e.g., color, style, size, etc.) will be selected by Sponsor in its sole discretion. Prize must be accepted as awarded and may not be transferred, substituted or redeemed for cash or otherwise, except at Sponsor’s sole discretion or as contemplated herein. Sponsor reserves the right to substitute a prize of equal or greater monetary value if the prize, or any component of the prize, cannot be awarded for any reason. Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes and fees, if any, are the sole responsibility of prize winners. If required, any applicable forms will be filed with the appropriate taxing authority.
8. Release: BY RECEIPT OF ANY PRIZE, EACH WINNER AGREES TO RELEASE AND HOLD HARMLESS THE SPONSOR PARTIES, THEIR SUBSIDARIES, AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT, POSSESSION, USE OR MISUSE OF THE PRIZE.
10. General Conditions: All entries become the property of Sponsor, and none will be returned. Sponsor reserves the right to terminate, amend, suspend or modify this Sweepstakes, in whole or in part, at any time and without notice or obligation, if in Sponsor’s sole discretion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person and/or any equitable remedy, including, without limitation, injunctive relief, 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 provision or of any other provision of these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
11. Limitations of Liability: The Released Parties are not responsible, to the extent permitted by law, for: (1) any incorrect or inaccurate information, whether caused by Participant, printing errors or omission or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or (5) any injury or damage to person or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or Participant’s receipt, use or misuse of any prize. If, for any reason, a Participant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another Entry in the Sweepstakes, provided that if it is not possible to submit another Entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all Eligible Entries or, as the case may be, received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that 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 among all legitimate, unawarded, eligible prize claims.
12. Disputes: Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Texas or the appropriate Texas State Court located in Harris County, Texas; (2) 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 attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and 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 Texas without regard to its choice of law or conflict of law provisions. Some jurisdictions do not allow for limitations of certain remedies or damages and so this provision may not apply to you.
13. Sweepstakes Results: The winners will be posted on https://www.aspirefertility.com approximately seventy-two (72) hours following the close of the Sweepstakes, or as soon as possible thereafter. After that time, copies of the winners list may be obtained by submitting this request in writing to Sponsor and by including with that request a self-addressed, stamped envelope. Requests should be sent to: firstname.lastname@example.org. Requests for winner’s lists must be received within thirty (30) days of the close of the Entry Period. Requests received after this time will not be honored.
VOID WHERE PROHIBITED