FitBit Giveaway: Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. VOID
WHERE PROHIBITED OR RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS AND
REGULATIONS. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL
U.S. RESIDENTS PHYSICALLY LOCATED AND RESIDING WITHIN THE GREATER LA AREA. VOID IN NON-US
MILITARY BASE TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED. MUST BE 18 YEARS OF AGE
AND OLDER.
BINDING AGREEMENT: By entering, all entrants, potential winners and winners in the giveaway
(“Giveaway”) agree a) to be bound by these Official Terms and Conditions (“Rules”) and b) to release,
indemnify and hold harmless the Sponsor and each of the Sponsor’s respective affiliates, subsidiaries
and independent contractors, directors, officers, shareholders, employees, agents and representatives,
including advertising and promotion agencies, from any and all liability for claims/damages, including
but not limited to claims/damages for personal injury or property damage, with respect to or arising
from acceptance, possession or use or misuse of any prizes or participation in the Giveaway or for claims
based on publicity rights, defamation, or intrusion of privacy. The decision(s) of Henry Mayo Newhall
Hospital (“Sponsor”) are final and binding in all matters related to the Giveaway. To be eligible for a
prize, an entrant must fulfill all requirements set forth in these Rules.
1. HOW TO ENTER:
The FitBit™ Giveaway will have one winner.
In order to qualify to win, one must 1) “LIKE” Henry Mayo on Facebook (@Henry Mayo Hospital)
and 2) Complete one Health Risk Assessment (henrymayo.com/assessments) between 12:01
a.m. PST May 15, 2017 and 11:59 PST May 31st, 2017 in order to be eligible for the Random
Drawing.
The odds of winning the prize through the random drawing will be determined by the number of eligible
registrants. Making a purchase of any kind will not improve chances of winning.
Sponsor has no obligation to advise an Entrant of an incomplete or otherwise non-compliant
registration. Incomplete or indecipherable registrations will be deemed invalid. Sponsor is not
responsible for lost, late, invalid, unintelligible, incomplete, garbled or misdirected registrations which
will be disqualified. No mailed, telephone, faxed, or mechanically reproduced registrations will be
accepted. Receipt of registrations will not be acknowledged.
Sponsor will be collecting personal data about entrants at the entrants discretion (including, without
limitation, name, address, phone number, and email address) when such Entrants enter the Giveaway.
With Entrant’s consent on the Registration Form, this information may be used for marketing
communication and customer support by the Sponsor and its affiliated entities and subsidiaries but will
not be sold or shared with any third parties.
Participation in the Giveaway further constitutes Entrant’s full and unconditional agreement to and
acceptance of these Rules and willingness to be contacted by mail, telephone, and/or email. Any emails
sent by Sponsor will provide Entrant the opportunity to unsubscribe to future electronic
communications.
2. PRIZES: A total of one FitBit™ (ERV of each prize is $99.95) will be awarded during the Giveaway. Limit
one prize per confirmed winner. Winner of the random drawing will be posted on Facebook on or about
June 9th, 2017.
Each Entrant is responsible for monitoring his/her e-mail account and/or phone for prize notification or
other communications related to this contest. If a potential prize winner cannot be reached by Sponsor
within forty eight (48) hours using the contact information provided at the time of entry, or if prize
notification is returned as undelivered, that potential prize winner shall forfeit the prize and a new
potential winner will be chosen at random from all eligible entries received during the Giveaway Entry
Period. Prizes will be picked up in person once awarded.
The Sponsor accepts no responsibility for any variation in the prize value. The Sponsor reserves the right,
in its sole discretion, to substitute a prize of equal or greater value.
The prize must be taken as offered and may not be assigned or transferred. The prize, or any unused
portion of the prize, is not exchangeable by winners and cannot be redeemed by winners for cash. The
prize cannot be used in conjunction with any other special offer. Any ancillary costs associated with
redeeming prizes are not included.
Potential winners will also be required to complete and return a declaration of eligibility and release of
publicity (if permitted by law) and liability within the time period provided in these Rules.
Incidental expenses and all other costs and expenses which are not specifically listed as part of the prize
in these official terms and conditions and which may be associated with the award, acceptance, receipt
and use of all or any portion of the awarded prize are solely the responsibility of the winner. All federal
or provincial taxes associated with the receipt or use of any prize are the sole responsibility of the
winner.
Except for the prize value, Giveaway entrants and winners will not receive any additional compensation
or acknowledgement for participation in the Giveaway.
3. ELIGIBILITY AND RESTRICTIONS: The Contest is open to citizens or legal residents of LA County who
are 18 years of age or older at the time of entry. Void where prohibited or restricted by applicable
federal or provincial laws and regulations. The Sponsor, their respective promotions agencies, any of
their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships,
employees or agents (collectively, the “Promotion Entities”) and their immediate families (defined as
spouse, mother, father, sisters, brothers, sons and daughters, regardless of where they reside) and
members of their households (whether related or not) are ineligible to participate in this Giveaway.
4. CERTAIN ADDITIONAL CONDITIONS: Entrants assume all risk of loss, damage, destruction, delay or
misdirection of entries submitted to Sponsor. Sponsor reserves the right, in its sole discretion, without
prior notice and at any time, to cancel, terminate or suspend this Giveaway should non-authorized
human intervention or other causes beyond the control of Sponsor corrupt or impair the administration
of this Giveaway. In such case, Sponsor may select the potential winners from all eligible entries
received prior to and/or after (if applicable) the action taken by Sponsor. At its sole discretion, Sponsor
may disqualify any person whom it considers to have intentionally violated these Rules or any element
of this Giveaway. By participating, entrants agree to be bound by these Rules and the decisions of
Sponsor and to waive any right to claim ambiguity in these Rules. The Sponsor is not responsible for
technical, hardware, software, or telephone failures of any kind, lost or unavailable network
connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by
Sponsor, users or by any of the equipment or programming associated with or utilized in the Giveaway
or by technical or human error which may occur and/or which may damage a user’s system, hardware or
software or limit an entrant’s ability to participate in the Giveaway.
Except where prohibited by law, Giveaway winners agree to grant the Sponsor/Henry Mayo and any of
its entities, an irrevocable and transferrable license to use his/her name, photograph, likeness, city
and/or state for advertising and publicity purposes for no additional compensation. Such material may
be published through any form of media, including but not limited to print, social media, and on the
Internet.
5. ARBITRATION: Except where prohibited by law, as a further condition of participating in this Drawing,
Entrant agrees that ( a ) any and all disputes and causes of action arising out of or connected with this
Drawing or any prize awarded, shall be resolved individually, without resort to any form of class action,
and exclusively, by final and binding arbitration under the rules of the American Arbitration Association
(“AAA”); ( b ) the Federal Arbitration Act shall govern the interpretation, enforcement and all
proceedings at such arbitration; ( c ) judgment upon such arbitration award may be entered in any court
having jurisdiction; and (d) these terms and conditions, and this Drawing, shall be governed by the law
of the State of Maryland. All arbitration proceedings and rules, and all materials produced pursuant to
the arbitration, shall be strictly confidential. All proceedings shall be conducted in Owings Mills,
Maryland. Except as prohibited by law, the parties waive all rights and claims to punitive, incidental or
consequential damages, including attorney’s fees, and entrant further waives all rights to have damages
multiplied or increased.
6. INDEMNIFICATION AND LIMITATION OF LIABILITY: BY ENTERING THE CONTEST, EACH ENTRANT
AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SPONSOR AND THEIR RESPECTIVE
PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, INCLUDING BUT NOT LIMITED TO TAKE SHAPE FOR
LIFE, INC. AND MEDIFAST INC., ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY,
DAMAGES, LOSSES OR INJURY (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), CONTRACT, WARRANTY, STRICT LIABILITY,
RELIANCE OR UNDER ANY OTHER THEORY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY,
FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND/OR THE ACCEPTANCE, USE OR MISUSE OF
ANY PRIZE THAT MAY BE WON, AND WHETHER OR NOT THE CONTEST ENTITIES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE CONTEST ENTITIES AND THEIR RESPECTIVE PARENTS,
AFFILIATES AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO
THE CONDITION, FITNESS FOR PURPOSE OR USE OR MERCHANTABILITY OF ANY PRIZE.
7. INTELLECTUAL PROPERTY: The Giveaway rules and all related web pages, content and code are the
property of the Sponsor or authorized third parties. The copying or unauthorized use of any of those
materials, associated trademarks or any other intellectual property without the express written consent
of its owner is strictly prohibited.
8. SEVERABILITY: If any term or other provision of these Rules is determined to be invalid, illegal or
incapable of being enforced by any rule or law, or public policy, such provisions shall be severed and all
other conditions and provisions of these Rules shall nevertheless remain in full force and effect.
9. SPONSOR: The sponsor of this Contest is Henry Mayo Newhall Hospital: 23845 McBean Parkway
Valencia CA 91355. Entrants authorize the Sponsor to share their information and entry submissions
with Henry Mayo Newhall Hospital, its entities and subsidiaries.