OFFICIAL RULES – REVIEW PROMOTION
1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Review Promotion (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on the first day of each calendar quarter starting on 12:00 AM EST on January 1, 2021 and continues until further notice (each calendar quarter a “Promotion Period”). During the Promotion Period, you may enter the Promotion either by providing a written testimonial or review of any service provider or community featured on the Site (the “Featured Provider”) when prompted or designated with an “Add Review” or similar button (the “Review”). You must create an account or profile on www.agefriendly.org (the “Site”) and provide with all required information requested to post a Review on the Site, or submit your Review by email with your first and last name, age, and location (the “Review,” which together with any related materials and information you provide as part of your entry, constitute the “Submission”); and include #promotionentry as the first text of your Review. The Review must be at least 5 words, and Submissions must be based on your actual experience with the Featured Provider (though you are not required to disclose personal health information) and/or otherwise contain an FTC compliant and conspicuous disclosure per the FTC endorsement guides available here (the “FTC Guides”). Multiple Submissions during any Promotion Period are permitted provided that each Review must be original and materially different than any previously submitted Reviews. Submissions must be in English and are further subject to any posting guidelines set forth in the Policies. Incomplete, false, or deceptive Submissions are void. Online entry is the only method of entry.
2. ELIGIBILITY: The Promotion is open to residents of and currently residing in one of the 50 United States and/or the District of Columbia, 18 years old or the age of majority in such state as of July 1, 2021 (whichever greater). Employees of AFI and their advertising and Promotion agencies, and any other entities participating in the design, Promotion, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.
3. SELECTING THE WINNER AND NOTIFICATION: One potential prize winner will be selected by a random drawing after compiling all eligible Submissions for each Promotion Period (each an “Entrant” and collectively the “Entrants”). Age-Friendly Institute, Inc. (“AFI”), whose decision is final and binding in all respects, will contact such Entrant via email provided or associated with the Submission on or before the 5th business day of each calendar quarter for the preceding Promotion Period (the “Potential Prize Winner”). AFI’s computer will serve as the official time keeping device for this Promotion. Odds of winning the Prize depend on the number of eligible Submissions received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 48 hours will result in disqualification of the Potential Prize Winner and an alternate potential winner will be selected (“Alternate Potential Winner”). Alternate Potential Winner shall be contacted via email as soon as practicable and shall also have 48 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (WHICH MAY REQUIRE ENTRANT’S EXECUTION AND RETURN OF AN AFFIDAVIT OF ELIGIBILITY AND PUBLICITY AND LIABILITY RELEASE CONSISTENT WITH THE TERMS HEREIN, AS DETERMINED IN AFI’S SOLE DISCRETION) (the “Winner”).
4. GENERAL CONDITIONS; LICENSE: By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of AFI which shall be final in all matters. Except where prohibited by law, by entering into this Promotion and/or accepting the Prize, each Entrant, on behalf of itself and any individual(s) referenced or identifiable in the Submission (collectively, an “Entrant” for purposes of this Section 4) hereby irrevocably agrees and grants to AFI and the Promotion Entities the unrestricted worldwide, royalty free, fully paid up, perpetual right and license (but not obligation) to display, exhibit, transmit, broadcast, reproduce, digitize, modify, alter, edit, adapt, create derivative works, exploit, rent, license, sublicense, otherwise use, and permit others to use the Submission, in whole or in part, including without limitation, the right of publicity and privacy in and to Entrant’s name, image, likeness, appearance, persona, voice, professional and personal biographical information, signature, and other personal characteristics and private information, in all forms of media, now or hereafter known without review, permission, or further compensation or consideration. Without limitation, Entrant understands that the rights granted herein include the foregoing entities’ use of the Submissions, in whole or in part, to promote AFI and its featured services or products, the Promotion Entities, and the Featured Providers. Each Entrant hereby waives all so-called “moral rights of authors” and “droit moral” rights (and any similar rights under the laws of any country of the world) in connection with the Submission and exploitation of any nature.
5. PRIZES AND TAXES: The Winner for each Promotion Period will receive a $100 Amazon.com eGift card (the “Prize”). Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.
Winner shall provide, upon AFI’s request, all available information that AFI may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule, including but not limited to a valid w9. Winner acknowledges that AFI will rely upon such information to prepare all relevant tax materials, if any.
6. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of AFI and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winner also agree to release, discharge, indemnify and hold harmless AFI and its licensees, affiliates, and assigns; the Promotion Entities and any Featured Providers; Instagram, Facebook, TikTok, YouTube, and any social media platform utilized in connection with the Promotion (collectively, the “Social Media Platforms”); and each of their respective officers, directors, employees, representatives and agents (all of the foregoing collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. AFI may rescind any Promotion found to contain such errors without liability at its sole discretion.
THE RELEASED PARTIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
7. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (a) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Promotion; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (e) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use of any Prize. If for any reason an Entrant’s Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of AFI or the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then AFI and the Promotion Entities reserve the right at their sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by AFI up until the time of such cancellation, termination, modification or suspension, as applicable.
To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
8. WAIVER OF INJUNCTIVE RELIEF: Entrant understands and agrees that AFI and the Promotion Entities are relying on these Official Rules and will incur significant expense in reliance on these Official Rules, and hereby irrevocably agree that these Official Rules cannot be terminated, rescinded, or modified, in whole or in part. Entrant hereby irrevocably waives Entrant’s right to injunctive and other equitable relief in the event of a dispute in connection with these Official Rules and the subject matter herein.
9. WAIVER OF JURY TRIAL: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT ENTRANT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
10. CONFIDENTIALITY AND LIMITATIONS OF USE: Entrants may generally reference Entrant’s participation in the Promotion on truthful and positive terms, but agree not to make any commercial or other use of the fact that Entrants provided a Submission, unless agreed in writing by AFI. Neither Entrant nor anyone acting on Entrant’s behalf shall at any time use any of AFI names, logos, trade names, or trademarks for any commercial purpose or manner whatsoever.
11. DISPUTE RESOLUTION. Any dispute, claim, or controversy arising out of or relating to these Rules shall be determined by binding arbitration in Boston, Massachusetts in accordance with the laws of The Commonwealth of Massachusetts, without regard to the principles of conflicts of law.
13. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with any of the Social Media Platforms.
14. RULES/WINNERS LIST: For 30 days after each Promotion Period, Entrants may also send an email to [email protected] for the names of the Winners. In the subject of the email, type “AFI Review Promotion- Winners’ List” along with the relevant Promotion Period inquired about. No correspondence will be entered into except as noted herein.