Home Health Aide Appreciation Promotion (“the Promotion”)
Sponsored and administered by VITAS Hospice Services, LLC of 201 South Biscayne Blvd., Suite 400, Miami, Florida 33131 (the "Sponsor”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. This Promotion is open to legal residents of the United States, including its territories and possessions, who are at least 18 years old and are licensed home health aides, certified nursing assistants or state tested nurse aides/assistants. Employees of VITAS Hospice Services, LLC and/or its parent, affiliates, subsidiaries and advertising and promotion agencies involved in the Promotion, and their immediate family members and/or those living in the same household of each are not eligible to enter. This Promotion is subject to all applicable federal, state and local laws and regulations. VOID WHERE PROHIBITED.
Submission Process and Deadline
Participants must complete and submit the entry form located at www.vitas.com/careers/hospice-aide-job-search/hha-appreciation-promotion. Each submission must include the participant's full name and contact information including mailing address, email address (if any) and telephone number, and responses to the questions included in the entry form.
The Promotion begins on November 20, 2017 at 12:00 am EST and each submission must be received by Sponsor no later than 12:00 am EST, January 1, 2018 (the "Promotion Period"). Only one submission is permitted per participant per Promotion Period. Submissions must be received by Sponsor either (i) via the Internet entry form, which can be found at www.vitas.com/careers/hospice-aide-job-search/hha-appreciation-promotion or (ii) via hard copy mailed to VITAS Healthcare, Attn: Home Health Aide Appreciation Promotion, 255 E. Fifth Street, Suite 1050, Cincinnati, Ohio 45202 and sent via regular mail. Each submission must include the participant's full name, contact information including mailing address, email address (if any) and telephone number, and responses to the following questions: (i) What is the most meaningful thing about being a home health aide or nurses assistant? (ii)Would you ever consider working for a hospice provider? (iii) Please explain why or why not. and (iv) Do you have at least one year of direct patient care experience? If sent by regular mail, participant is responsible for affixing proper postage. No other means of submission are acceptable.
The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any submission whether online or by regular mail. The Sponsor is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, delayed transmission of online submissions, the Internet or of any website or lost or unavailable network connections which may limit an online participant's ability to participate in the Promotion, and any injury or damage to participant’s or any other person’s computer related to or resulting from participating in the Promotion.
The Sponsor is not responsible for submissions not received due to difficulty accessing the Internet, service outages or delays, computer difficulties and/or other problems, technological or otherwise. Proof of submitting a submission shall not be deemed proof of receipt by Sponsor. When applicable, the website administrator’s computer will be deemed the official time keeping device for the Promotion. Promotion submissions must contain all information requested and must be received on or before the deadline for the submission to be deemed valid.
If the participant is unable to verify any information as required by Sponsor the participant will automatically be disqualified and their prize will be forfeited. The Sponsor, in its sole discretion, reserves the right to select an alternate entry from a second random drawing of all remaining eligible entries at that time. The Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants. Any notification or other communication by Sponsor to participant shall be deemed to have occurred immediately upon the Sponsor’s placing of a phone call or sending of an e-mail to such participant. The Sponsor is not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify the winner.
Participants in the Promotion agree that Sponsor or its affiliates may use the information provided in the entry form submitted by participant to contact participant with information Sponsor believes may be of interest to participant. In the event a participant wishes to have participant's name and contact information removed from any such mailing list administered by Sponsor, such request should be sent to VITAS Healthcare, Attn: Home Health Aide Appreciation Promotion, 255 E. Fifth Street, Suite 1050, Cincinnati, Ohio 45202.
Sponsor's failure to enforce any term of these official rules shall not constitute a waiver of that provision.
One (1) winner will be chosen by Sponsor in a random drawing from among all eligible Promotion entries received during the entire Promotion Period within three (3) business days from the conclusion of the Promotion Period. The winner will be notified by Sponsor no later than ten (10) business days after the conclusion of the Promotion Period and will receive a prize in the amount of One Thousand Dollars (US$1,000.00). The name of the Promotion winner will be provided on the Sponsor's website at www.vitas.com/careers/hospice-aide-job-search/hha-appreciation-promotion no later than ten (10) business days after the conclusion of the Promotion Period.
The prize that is awarded to the winner is not transferable or exchangeable for any other prize, except in the Sponsor’s sole discretion. The value of any prize awarded to a winner may be reported by Sponsor for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize. All costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of the winners.
If a prize, or any portion thereof, cannot be awarded for any reason, the Sponsor reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Sponsor in its sole discretion. The Winner must present government issued identification prior to being awarded a prize. If a winner cannot be contacted or is disqualified for any reason, the Sponsor reserves the right to select an alternate winner or not to award that prize, in its sole discretion.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded.
Any person attempting to defraud or in any way tamper with the Promotion will be ineligible for prizes and may be prosecuted to the full extent of the law. Odds of winning depend upon the number of eligible entries received by Sponsor.
The awarding of the prize is subject to the terms and conditions as specified in these official rules. The winner must comply with all rules, regulations, terms and conditions. Failure to comply may result in forfeiture of a prize in its entirety. The prize will be awarded as described herein, subject to legal restrictions. The Sponsor will have no further obligation to the winner.
By participating in the Promotion, each participant and winner waives and releases any and all claims of liability against the Sponsor, its parent, affiliates, officers, directors, members, employees, agents and representatives (collectively the "Promotion Entities") for any injury or loss whatsoever which may occur from the conduct of, or participation in, the Promotion, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto.
The Promotion Entities are not responsible or liable to any participant or winner or any person claiming through such participant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Promotion Entities’ sole control.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or LinkedIn.
By participating in the Promotion, each participant and winner waives and releases any and all claims of liability against Facebook, Twitter or LinkedIn for any injury or loss whatsoever which may occur from the conduct of, or participation in, the Promotion, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto.
Use of Personal Information/Intellectual Property
By participating, where allowed by law, the winners grant the Sponsor the irrevocable permission, in perpetuity, to use their respective names, likenesses, photographs (if applicable) and cities and states of residence in connection with (i) announcement of the winner and (ii) online and offline marketing purposes. Further, participants waive any claims to royalties or remuneration of any kind for such use.
Representations and Warranties/Protected Health Information/Indemnification
Each participant represents and warrants that the information submitted in the entry form (i) is true and accurate (ii) does not infringe upon the intellectual property rights of any other individual or entity, (iii) does not violate any individual's right of privacy and/or publicity, (iv) does not violate any law, whether statutory or otherwise, whether local, state, federal or international and (v) does not include protected health information of any individual nor is any such protected health information discernible from the information provided in such entry form.
Participant agrees to release and hold Promotion Entities harmless from any and all liability, claims or actions of any kind whatsoever, which may result from the participant's breach of any of the aforementioned representations and warranties (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant's rights of publicity or privacy, or the participant's claim that he/she has somehow been defamed or portrayed in a false light). Participant agrees to fully indemnify Promotion Entities for any claims, damages, losses, settlements, costs and expenses, including attorney's fees, incurred by Promotion Entities as a result of any actions or claims brought by a third party against Promotion Entities as a result of any breach or alleged breach of the aforementioned representations and warranties by participant.
By participating, participants agree to be bound by these official rules and waive any right to claim ambiguity in the Promotion or these official rules. Winners and participants also agree to release, discharge, indemnify and hold harmless the Promotion Entities from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion.
Governing Law/Jurisdiction, Limitation of Liability
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR PROMOTION ENTITIES IN CONNECTION WITH THIS PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTION'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS PROMOTION AGREES THAT THE UNITED STATES AND THE COURTS LOCATED IN BROWARD COUNTY, FLORIDA SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THESE OFFICIAL PROMOTION RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR PROMOTION ENTITIES IN CONNECTION WITH THIS PROMOTION AND EACH HEREBY WAIVES ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
AS A CONDITION OF PARTICIPATING IN THE PROMOTION, PARTICIPANTS AGREE: (A) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, EXCLUDING ATTORNEYS' FEES AND COURT COSTS; AND (B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. PARTICIPATION IN THE PROMOTION CONSTITUTES PARTICIPANT'S FULL AND UNCONDITIONAL AGREEMENT TO, AND ACCEPTANCE OF, THESE OFFICIAL RULES.
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