Mighty Nurse #GetMighty Prize Giveaway
No purchase is necessary to enter or win the Mighty Nurse Prize Giveaway (the “Giveaway”), nor will it improve chances of winning. Internet access and a valid email address are required to enter.
Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules of the Mighty Nurse Prize Giveaway and the decisions of the Sponsor.
Sponsor: The Giveaway is sponsored by Origin, Incorporated 1800 S.W. Front Avenue, Suite 510, Portland, OR 97201, doing business as mightynurse.com (the “Sponsor”).
Entry Period: The Giveaway begins at 12:00:00 AM (PDT) on September 10, 2013 (“Giveaway Start Date”) and ends at 11:59:00 PM (PDT) on November 10, 2013 (“Giveaway End Date”). The official clock for the purposes of the Giveaway is the computer of the Sponsor. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THIS PRIZE GIVEAWAY DURING THE ENTRY PERIOD.
Eligibility: The Giveaway is open only to legal residents of the United States (the “Giveaway Territory”) who are 18 years of age or older at the time of entry, excluding employees of the Sponsor, its respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers or related businesses and the families and/or household members of each of the above (collectively, the “Related Entities”).
How To Enter: The Giveaway consists of the Entry Period in which a Top 10 votes list is compiled based on the number of positive votes any Giveaway registrant receives for their photo submission during the Entry Period. Votes for any registrant’s photo submission shall come from anyone that visits the Mighty Nurse contest page from any source and chooses to vote. Top Prize winners will then be determined from the Top 10 votes list, by conducting a new vote in the same manner provided above for the top 3 Giveaway Registrants from the Top 10 list. First Place Prize for the Giveaway registrant with the most votes in this round consists of : one (1) travel package consisting of a $500 Southwest Airlines gift card; $300 Marriott gift card; Amazon Kindle; Beach towel; Sunscreen lotion; Sunglasses. Cash value is $1000; Second Place Prize Giveaway registrant from this round will receive a digital camera prize. Cash value is $476.49; and the Third Place Giveaway registrant from this round will receive a gift card prize of $200. From entry registrants who receive enough votes to place them in the Top 10 voter list, any that do not receive one of the Top 3 Prizes will be awarded a $50 gift card (limit one per person). All Prizes will be awarded in the week following the Top 10 voting Entry Period. To enter during the Entry Period, go to www.MightyNurse.com (the “Website”) and follow the onscreen instructions to register on the Website. Required information for registration includes first and last name, a valid email address, a photo of yourself and any other information or content requested in the onscreen instructions for entry. Registrants will also be required to create a username and password. By registering, the registrant grants to the Sponsor a paid up, fully transferable license to use registrant’s photo, content, likenesses and any other information provided or included with their entry materials throughout the Entry Period and including any notice period provided for in the Winners Selection section below and the registrant agrees to receive emails from the Sponsor. Entries in the Giveaway are limited to one (1) per person per email address. All Giveaway Entries must be received by 11:59 PM (PDT) on the Giveaway End Date. Sponsor is not responsible for lost, late, damaged, misdirected, illegible or incomplete entries, all of which are void. Entries become Sponsor’s property and will not be acknowledged or returned. Use of automated devices is not valid for entry. Any Entry that is submitted with the use of an automated device will be void. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the Authorized Account Holder of the screen name from which the entry is made. The “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
Winners Selection: At the expiration of the Entry Period (on or about September 10, 2013, the top ten will be determined from among all eligible entries received by the Giveaway End Date. (3) Winners will be determined from the group of Top 10 vote getters from among all the eligible entries received in the Entry Period. Odds of winning the Prize will depend upon the number of votes received as well as the number of eligible entries received during each Entry Period stated herein. A list of the Top 10 vote getters will be posted on the Mighty Nurse web site at http://www.mightynurse.com/getmighty and announced on Facebook on November 11, 2013. The top ten will be notified via email. A one week runoff vote will be held from November 11, 2013 at 12:00 AM (PDT) to November 18, 2013 at 11:59 PM (PDT) to determine the top 3 prize winners.
Prize Winners: There will be (3) winners of the Top 3 Prizes. These Winners will be entitled to receive only (1) prize based on where they finish in the top 3 (the “Prizes”). Each Prize is subject to all terms and conditions of these Official Rules, and all applicable federal and state laws. The Winners are responsible for any taxes and fees associated with receipt of any Prize. Prizes are not exchangeable, transferable or redeemable for cash. The value of any Prize represents Sponsor’s good faith determination of the approximate retail value thereof and such determination is final and binding and cannot be appealed. If the value of any Prize is determined in any way to be different from the stated approximate retail value, the difference will not be awarded. All Prizes are provided “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 Acceptance: The potential Winners will have 14 days (the “Notification Period”) from the date of November 18, 2013 when winners are announced to contact the Sponsor by email at firstname.lastname@example.org from the registered email address associated with the entry. In the event that the potential Winners does not contact the Sponsor within the Notification Period, they forfeit any and all claims to the Prize, and an alternate potential Winners will be selected following the same drawing procedures stated above. This process will continue until a potential Winners contacts the Sponsor within the Notification Period, upon which the potential Winners accepts and may claim the Prize (the “Prize Winners”). The Prize Winners is required to provide a copy of their driver’s license or other photo identification and proof of legal residency in the Giveaway Territory. If the potential Winners cannot or will not provide such proof of residency, an alternate potential Winners will be selected following the same drawing procedures stated above. The Prize Winners must take delivery at the address they have provided to Sponsor as a registrant within sixty (60) from receiving written instructions from the Sponsor.
Conditions of Participation: All United States, federal, state and local laws and regulations apply. The Giveaway is void where prohibited. By participating in the Giveaway, the Prize Winners agrees to release Sponsor and its Related Entities from any and all liability, loss or damage of any kind arising out of or in connection with their participation in this Giveaway or with respect to awarding, receipt, possession, use and/or misuse of the Prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Giveaway or in the announcement of the prize. All registrants covenant and agree that any content, photos or likenesses provided to Sponsor shall be free of any nudity, profanity, obscenity, racist comments or content and/or sexist comments or content and grant Sponsor in its absolute discretion the right to refuse any of the same if it is included in the registrant’s entry and Sponsor in its sole discretion deems the same inappropriate in this regard. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion via mobile phone. Sponsor is further not responsible for lost, late, incomplete, illegible, incorrect, delayed, damaged, undelivered, misdirected, or stolen registrations or entries, and proof of sending or submission will not be deemed to be proof of receipt by Sponsor. If for any reason, this Giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway. Sponsor reserves the right to select Winners from eligible entries received as of the termination date. Sponsor further reserves the right, in its sole discretion, to void any entries of an entrant that submits more than the stated maximum limit of entries by using multiple/different addresses, identities, or any other methods, or to disqualify any individual who the Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Giveaway. Use of any automated system to submit entries is prohibited and will result in disqualification of all such entries as well as the entrant. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating in this Giveaway, entrants accept and agree to abide by and be bound by these Official Rules, and the decisions of the Sponsor which are final and binding in all matters relating to the Giveaway and shall not be subject to appeal. Participant specifically acknowledges and agrees that the Sponsor may utilize information obtained from participant in order to contact participant and/or to offer Sponsor products or services. The participant will have the option to “opt out” at any time following the initial receipt of any Sponsor product or service offering.
Release: By entering and participating in the Giveaway, entrant agrees to defend, indemnify and hold harmless the Sponsor and its Related Entities from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to: (i) entrant’s participation in the Giveaway, and (ii) entrant’s acceptance, use or misuse of a prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Grand Prize Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Giveaway or use or redemption of a prize. Further, by entering and participating in the Giveaway, entrants agree to release and hold harmless the Sponsor from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of the Prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action, the Sponsor’s liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Sponsor be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Disputes: By entering and participating in the Giveaway, each entrant agrees that, except as prohibited by law: (i) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Giveaway, but in no event will attorneys’ fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Any legal proceedings arising out of this Giveaway or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Oregon, and entrants hereby consent to the personal and exclusive jurisdiction of such courts with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules or Giveaway and waive any right of change of venue, forum non conveniens and any like right. ENTRANTS HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS.
Force Majeure. In the event the integrity and/or feasibility of the Giveaway is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event) the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Giveaway without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Giveaway as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the prizes from among all valid and eligible entries received up to the time of such Force Majeure event.
Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with the laws of the State of Oregon without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Oregon.
Enforceability. If a particular provision of these Official Rules is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions and shall be interpreted in such a way as to preserve the parties’ original intent. In cases where such original intent cannot be preserved, the parties shall agree on a suitable valid, legal or enforceable replacement provision which preserves the parties’ original intent.
No Waiver. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision.
© 2013 Origin, Incorporated