OFFICIAL PAIN HEALING CENTER SURVEY GIFT-CARD DRAWING RULES
1. The Drawing is sponsored by Pain Healing Center, 1749 South Kings Ave., Brandon, FL 33511 (the “Sponsor”).
2. Method of Entry.By accessing the Survey at https://thepainhealingcenter.com/survey-gift-card-drawing/, and completing the survey. All entries become property of the Sponsor. No entries will be acknowledged or returned to the entrant.
3. Entry Period.Any and all entries must be received by Sponsor during the following entry period in order to be entered into the Drawing (the “Entry Period”). Entries must be received by Sponsor between 12:01 a.m. (E.D.T or E.S.T) on the first (1st) day of September 2015, and 11:59 p.m. (E.D.T. or E.S.T) on the last day of October 2015 to be eligible for entry into the Drawing. Sponsor’s computer network time is the official clock for the Drawing. Any and all entries received by Sponsor outside the Entry Period will not be valid.
4. Entry Parameters.Eligible entrants must enter via the method described above. One entry per person. All data received during entry can be used by Sponsor. All entries are owned by Sponsor.
5. Identity of Entrants.In the event of a dispute regarding the identity of the entrant, entries will have been deemed to have been submitted by the person bearing the name and e-mail account holder from which such entry was received. For these purposes, an e-mail account holder shall mean the natural person assigned to such e-mail account by the internet access or online service provider or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account. Any issues or disputes regarding the identity of an entrant shall be resolved by Sponsor in its sole discretion.
6. Entry Ownership/Entrant Agreements.All entries have an equal chance of winning. By entering each entrant (and entrant’s parent/legal guardian if entrant is a minor) agrees: (a) to be bound by these Official Pain Healing Center Survey Gift-Card Drawing Rules; (b) that any claims and causes of action arising out of or in connection with the Pain Healing Center Survey Gift-Card Drawing, or any prize awarded, shall be resolved individually, without resort to any form of class action (c) that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Pain Healing Center Survey Gift-Card Drawing, but in no event shall such damages include attorneys’ fees; (d) that under no circumstances will an entrant (and entrant’s parent/legal guardian if entrant is a minor) be permitted to obtain awards for, and each entrant (and entrant’s parent/legal guardian if entrant is a minor) hereby waives all rights to, punitive, incidental, consequential, or other damages other than actual out-of-pocket expenses; and (e) any actual or perceived ambiguities in these rules shall be interpreted by Sponsor in its sole discretion. No entrant (or entrant’s parent/legal guardian if entrant is a minor) shall claim or receive any damages subject to being multiplied or otherwise increased.
7. Eligible Participants.The Drawing is only open to residents of the United States and Canada who are at least thirteen (13) years of age on their entry date. The Drawing is not open to employees of Sponsor, their immediate family, or any person domiciled with such employees. The Drawing is not open to affiliates or subsidiaries of Sponsor, or advertising/promotional agencies engaged by Sponsor. Sponsor may, in its sole discretion, request an affidavit from winners, to confirm that they meet all eligibility criteria. Winners who are residents of Canada will be required to complete a four (4)-part mathematical skill question in order to receive their prize.
8. Prizes/Drawing. Three (3) prize winners will be selected in a random drawing from among all eligible entries. The prize winners will receive a Gift-Card pre-valued in one of three amounts, One Hundred ($100.00) Dollars, Fifty ($50.00) Dollars, Twenty Five ($25.00) Dollars. No cash or other substitutions will be offered. All federal, state, provincial and local taxes are the sole responsibility of the winner. The drawing will be conducted by Sponsor electronically on or about the fifteenth (15th) day of the month following an Entry Period. Winners will be notified and will receive their prize during their next visit or available for pickup anytime during regular business hours.
9. Odds.The odds of winning depend on the number of eligible entries received.
10. Limitation of Liability.Sponsor is not responsible for incomplete entries or for failure to receive entries due to transmission or technical failures of any kind including but not limited to malfunction of any network, hardware, or software, whether originating with the sender or with Sponsor, or for any human error, lost or delayed mail where entry is via mail, lost or delayed data transmission where entry is electronic, or for any other error or malfunction which results in an entry not being received by Sponsor or in a garbled or otherwise unintelligible entry being received by Sponsor. By participating in the Drawing the winner agrees that Sponsor will have no responsibility whatsoever for losses or damage of any kind resulting or arising from the acceptance, possession, or use of the prize and further agrees to release and hold harmless Sponsor, its agents and representatives, from any losses, damages, claims, and/or liabilities arising in connection therewith. Except where prohibited, participation in the Drawing constitutes entrant’s consent to the publication of his or her name in any media for commercial or promotional purposes without limitation or further compensation.
11. Sponsor Modification/Cancellation Rights.Sponsor reserves the right to cancel, suspend, modify or terminate the Drawing at any time in the event of any technical malfunction or any unauthorized outside tampering which corrupts the administration, security, or proper play of the Drawing. In its sole discretion, Sponsor may disqualify from the Drawing any person it determines, in its sole discretion, to have attempted to or actually tampered or otherwise abused any aspect of the Drawing.
12. Choice of Law and Venue.Winner agrees that any disputes that may arise in connection with this Drawing shall be governed by the laws of the State of Florida. Winner further agrees that any such disputes shall be heard in the courts of applicable jurisdiction in the County and State of Florida. For residents of Quebec only, any litigation respecting the conduct or organization of a publicity contest may be submitted to the RÃ©gie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
13. Winners List.To receive names of the winners by U.S. mail, please mail a self-addressed stamped envelope along with your written request for a Winners List to: Pain Healing Center, Attn: Survey Gift Card Drawing, 1749 South Kings Ave., Brandon, FL 33511. Any Winners List request must reference the entry deadline for the particular drawing for which such request is being made and must be received by Pain Healing Center within one (1) month of the date the Drawing is conducted.