McCarty Weight Loss Center’s Nutrition Class Giveaway

McCarty Weight Loss Center’s Nutrition Class Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

ENTRY PERIOD: 

(The “Sweepstakes”) starts on Monday, January 23, 2017 and ends on Sunday, January 29, 2017 at 11:59PM CST. The Sponsor’s database clock will be the official timekeeping device for the Sweepstakes Entry Period.

ELIGIBILITY: The McCarty Weight Loss Center Nutrition Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty states (50) United States. Internet access is required in order to enter this Sweepstakes. Your standard carrier rates may apply. The employees, officers, directors, agents, administrators, and representatives of The McCarty Weight Loss Center (the “Sponsors”), and its advertising and promotion agencies, and each of their respective parents, subsidiaries and affiliates (collectively “Released Parties”), and each of their immediate family members (spouse and parents, children and siblings, and their respective spouses, regardless of where they live) and individuals living in the same households of each of these individuals, whether related or not, of the above are not eligible to enter or win. Sweepstakes is subject to all applicable federal, state and local laws. The Sweepstakes is subject to all applicable United States federal, state, and local laws and regulations.

FACEBOOK: You must be a member of Facebook.com in order to enter the Sweepstakes via Facebook.com. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering, you acknowledge that you understand that you are providing your information to Sponsor and not to Facebook.

HOW TO ENTER: During the Sweepstakes, Entrants may enter the Sweepstakes by visiting: Facebook.com/McCartyWeightLoss

During the Entry Period, you must then register by entering your name, email address, zip code and clicking “Submit.” Entrants will receive one (1) entry from the entry method listed once during the Entry Period. Entrants can receive and additional entry by commenting the McCarty Weight Loss Center’s Facebook page as noted in the entry form.

If an Entrant changes his/her email address after he/she enters the Sweepstakes, it is his/her sole responsibility to notify the Sponsor by postal mailing notice to Sponsor’s address listed in Sponsor section. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. If a dispute results as to the identity of an Entrant, it will be determined that the entry was submitted by the authorized account holder of the Facebook ID from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to a Facebook ID from which the entry is made. The Sponsor’s database clock will be the official timekeeping device for the Sweepstakes. Releases are not responsible for late, lost, delayed, stolen, undelivered, incomplete, garbled, damaged, or misdirected entries. Sponsor’s decisions are final on all matters relating to this Sweepstakes.

*** PRIZE DESCRIPTIONS:

“McCarty Weight Loss Center’s Nutrition Class Giveaway” Pursuant to the terms and conditions of the PC Agreement, Sponsor shall provide three nutrition classes hosted by McCarty Weight Loss Center’s in-house nutritionist.

Limit one (1) entry per Entrant, during the Entry Period. Limit one (1) prize per Entrant per Facebook ID.

PRIZES: Prizes are awarded prizes “as is” with no warranty or guarantee, either express or implied, by Sponsor. No transfer, substitution or cash equivalent permitted by winner. Sponsor reserves the right, at its sole discretion, to substitute the prize with one of comparable or greater value. All prize details are at Sponsor’s discretion. All other expenses and all federal, state and local taxes are winners’ sole responsibility.

Prize Restrictions: All prizes are non-transferable, and must be accepted as awarded, with no substitutions of any kind, whether in cash or otherwise, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or any portion thereof, with a prize of equal or greater value, as determined by Sponsor in its sole discretion, if a prize cannot be awarded as described herein for any reason. Each winner is responsible for any and all federal, state and local taxes, including income taxes, if any, imposed as a result of or in connection with winning, awarding or use of a prize. When required, the winner will receive an IRS Form 1099 for the approximate retail value of the prize.

TO CLAIM PRIZE: Potential winners will receive a winner’s notification by email or Facebook direct message within seventy-two (72) hours of the applicable drawing. Potential winners will have 24 (twenty-four) hours to respond to the winner notification. If a potential winner cannot be contacted or fails to respond to the winner notification within the allotted time frame they will automatically be disqualified. If prize notification letter or prize is returned undeliverable or unclaimed, an alternate winner will be selected from among all remaining eligible entries. In the event that a potential winner is disqualified for any reason, Sponsor will select an alternate winner by random drawing from among all remaining eligible entries from the applicable Entry Period. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled within 4 weeks after the conclusion of the Sweepstakes.

GENERAL CONDITIONS: By participating, Entrants agree to be bound by these Official Rules including all eligibility requirements and the decisions of the Sponsor, which are final and binding in all respects relating to this Sweepstakes. By accepting a prize, each winner consents to the use of his/her name, image, likeness, photograph, voice, entry and biographical material for programming, advertising, publicity, and promotional purposes by Sponsor, or party designated by the Sponsor, in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide and on the Internet in perpetuity, without additional compensation, notification, approval, inspection or permission, except where prohibited by law. Entrants release and hold harmless the Released Parties from any claims, actions, injury, liability, loss, or damages of any kind to persons, including injury or death, or property resulting, in whole or in part, directly or indirectly, from participating in this Sweepstakes or any Sweepstakes-related activity or from the acceptance, possession, or use or misuse of the prize (including any travel or other activity related thereto). This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties. Entrants agree that the Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Sweepstakes or to any prize awarded.

PUBLICITY/PRESS RELEASES: Sweepstakes Entrants may not issue press releases or other publicity in connection with their participation in the Sweepstakes.

PRIVACY POLICY: In the event of a conflict between these Official Rules and the privacy policy, these Official Rules shall govern. By entering this Sweepstakes, the Entrant authorizes the use and collection of his or her personal data for the purpose of conducting the Sweepstakes only (including publishing winners’ full names and states, counties, provinces, territories or their equivalent, and/or disclosing them to third parties on request in accordance with the winners’ list request procedure set out below) and any other purposes to which you have consented. Sponsor will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, altered, stolen, delayed, misdirected, undelivered, or garbled entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize, or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes (or portion thereof) and, if terminated, at its discretion, select the potential winner from among all non-suspect, eligible entries received prior to action taken.

LEGAL WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or 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 and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased.

CHOICE OF LAW: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the eligible Entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Texas, USA, without giving effect to any choice of law or conflict of law rules (Whether of the State of Texas, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

WINNERS LIST: The winner will be posted on www.facebook.com/McCartyWeightLoss on or before February 5, 2016.

ADMINISTRATOR: Your Speakeasy, LLC, 800 Jackson Street, Suite B-100, Dallas, TX 75202