NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ENTRANT MUST HAVE INSTAGRAM ACCOUNT TO ENTER.
1. Eligibility: Open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old and have reached the age of majority in their state or territory of residence at the time of entry (19 in Alabama and Nebraska; 21 in Mississippi). Entrants must have an Instagram account in good standing and Internet access. Individuals who are officers, directors, employees, agents and representatives of CoFertility, Inc., and affiliates, agencies, suppliers of materials or services related to this Promotion, as well as the immediate family members (defined as parents, children, siblings and spouses, regardless of where they live) and those with whom such officers, directors, employees, agents and representatives are domiciled (whether or not related), are not eligible to enter or win. The Promotion is subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations and is void where prohibited by law. (NEW JERSEY NOTICE: This Promotion is not void in the state of New Jersey). Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion is in no way sponsored, endorsed, approved or administered by, or associated with, Instagram.
2. Sponsor: CoFertility, Inc., 954 Lexington Ave #2044, New York, NY 10021, U.S.A.
3. Timing: The Promotion begins at 8:00 A.M. ET on August 13, 2019 and ends at 7:59 A.M. ET on August 16, 2019 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
4. How to Enter: At the start of the Promotion Period, Sponsor will publish a post on its Instagram account, @cofertility, announcing the Promotion (“Promotion Post”). To earn an entry into the Promotion, entrants will need to follow @cofertility on Instagram.
Entries must be received during the Promotion Period to be eligible. Entries must also comply with the “Entry Requirements” described below. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification. In case of dispute, entries will be declared made by the authorized account holder of the Instagram account used to enter the Promotion. “Authorized account holder” is defined as the natural person who is assigned to the Instagram account by Instagram. Sponsor will not verify receipt of entries. Entries become the property of Sponsor and will not be returned.
5. Entry Requirements: Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, invasive of another’s privacy, violate of another’s intellectual property rights, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Promotion, as determined by Sponsor in Sponsor’s sole discretion (“Entry Requirements”).
6. Selection and Notification of the Prize Winner/Disqualification: On or about August 16, 2019, Sponsor will randomly select three (3) entries that follow the @cofertility Instagram account.
The potential winners will be notified by @cofertility via private message on Instagram and will be required to provide his/her name, mailing address, email address and date of birth to confirm eligibility and for prize fulfillment purposes, within forty-eight (48) hours of the date notice or attempted notice is sent into order to claim the prize. If the potential winner of any prize cannot be contacted or fails to provide any requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that the potential winner is disqualified for any reason, Sponsor will randomly select another entry that follows @cofertility on Instagram, and that entrant will be deemed the new potential winner. Ten (10) alternate potential winners will be identified, after which the prize will remain un-awarded and Sponsor will have no further obligation with regard to attempting to award a prize in this Promotion. All notification requirements, as well as other requirements within these Official Rules, will be enforced. Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Promotion. Non-compliance with these Official Rules, failure to provide all required information by the stated deadline or the inability to contact the potential winner, as determined in Sponsor’s sole discretion, may result in disqualification. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.
7. Prize/Approximate Retail Value (“ARV”)/Odds: Three (3) winners will each receive one (1) Pearl Fertility Kit (which will be mailed to the addresses indicated by winners). The approximate retail value (“ARV”) of the prize is $59.99 USD. Total ARV for the Promotion is $179.97 USD. Odds of winning a prize depends on the number of eligible entries received during the Promotion Period.
Prize is non-transferable, non-exchangeable and not redeemable for cash. Sponsor reserves the right to substitute prize for one of equal or greater value if designated prize should become unavailable for any reason, or for any other reason in Sponsor’s sole discretion. Sponsor makes no representations or warranties with respect to prize. Any other costs or expenses associated with the prize will be the responsibility of selected winners. Prize winners are responsible for all federal, state, or local taxes associated with prize acceptance.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, virus, bugs, human error or any other factor impairs the integrity, availability, fairness or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual they find (i) to be tampering with the entry process or the operation of the Promotion, (ii) to be acting in violation of the Official Rules of this or any other promotion, (iii) to be acting in an unsportsmanlike or disruptive manner, (iv) to be displaying behavior that will bring such individual or Sponsor into disgrace, (v) to have used a software generated, robotic, programmed, script, macro or other automated entry, or (iv) to have provided inaccurate information in connection with the Promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: Sponsor, together with its respective affiliates and related companies, including without limitation its parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Promotion, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Promotion and their respective officers, directors, employees, agents, and other representatives are not responsible for: (1) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, websites, network hardware or software beyond the reasonable control of Sponsor; (2) unauthorized human intervention in any part of the entry process or the Promotion; or (3) technical or human error which may occur in the administration of the Promotion or the processing of entries.
11. Binding Arbitration: BY AGREEING TO ARBITRATION, PARTICIPANT UNDERSTANDS AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO SUE IN COURT. PARTICIPANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PROMOTION, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT; (II) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN COLUMBUS, OH; (III) UNLESS BOTH PARTICIPANT AND SPONSOR AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; AND (IV) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
12. Rules/Winners List: To receive the winners list or an additional copy of these Official Rules, send a self-addressed, stamped envelope to be received by December 1, 2019 to: CoFertility x Pearl Fertility August OPK Sweepstakes Winner List, CoFertility, Inc., 954 Lexington Ave #2044, New York, NY 10021, U.S.A.