Terms and Conditions

“AMENITY HEALTH 2020 CUSTOMER SURVEY” SWEEPSTAKES

2020 OFFICIAL RULES

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. MUST

BE 18 YEARS OR OLDER TO ENTER.

1. Promotion. Amenity Health, Inc. (“Amenity Health”) with the assistance of its survey partner, Excelerate LLC, plans to collect surveys in order to gather information which will help us improve our products and the customer experience. The Amenity Health 2020 Customer Survey Sweepstakes (the “Sweepstakes”). The Sweepstakes is subject to these Official Rules and to all applicable federal, state, and local laws. By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Amenity Health ("the Sponsor"), which shall be final and binding in all respects.

2. Eligibility.No purchase or payment of any kind is necessary to enter or win this sweepstakes. In order to be eligible to participate in the survey program, you must be a legal United States resident age 18 or older.  You may not be an employee of (a) Amenity Health, (b) a retailer who sells Amenity Health products, or (c) another manufacturer of sleep solutions.  You also may not be an immediate family member of, or reside in the same household as, any such excluded employee.  Limit one Entry per person and per e-mail address.

3. How to Enter. The entry period (“Entry Period”) begins at 12:00:01 p.m. Pacific Daylight Time ("PDT") on September 29, 2020 and ends at 11:59:59 p.m. Pacific Daylight Time ("PDT") on Oct 6, 2020. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. You may enter the Sweepstakes online anytime during the Entry Period by visiting:  https://medcline.sawtoothsoftware.com/login.html (the “Site”) and providing the requested contact information. To enter without completing a survey, you may send a 3”x5” card with your name, address, email address, telephone number, and date of birth to: Amenity Health, Inc. Attn: Amenity Health 2020 Customer Survey, 8825 Rehco Road, Suite D, San Diego, CA 92121. Participants must answer all survey questions as completely and honestly as possible. All online entries must be received by Sponsor by 11:59:59 pm PDT on 10/6/20. All mail-in entries must be postmarked by 10/3/20 and received by Sponsor by 11:59:59 pm PDT on 10/6/20. All Entries become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, misdirected, incomplete, illegible or damaged mail or email that results from any source - technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, garbled or delayed entries or other communications or other technical problems related to the Sweepstakes or Sweepstakes entries. The use of scripts or any automated system to enter is strictly prohibited. Entries will be disqualified if Sponsor determines, at its sole discretion, that entrants have attempted to or have tampered with the entry process or the operation of the Site, or who otherwise violates these rules.

4. Winner Selection and Notification. The winners will be selected by random drawing by Excelerate, LLC , by Sponsor or its designee, from all eligible entries received during the Entry Period. Drawing will take place on or around October 12, 2020. Decisions of Sponsor or Sponsor’s representative are final and binding. The potential prize winners will be notified by Sponsor via the email address associated with the entry. In the event of a dispute as to the identity of an entrant, any online entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent. The authorized account holder shall be the natural person to whom the applicable e-mail address has been assigned by the Internet Service Provider or other organization responsible for assigning email addresses. A potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the submitted entry. If there is any such dispute concerning the identity of a potential winner that cannot be resolved to the Sponsor's satisfaction, the entry will be deemed ineligible. Winner may be required to show proof of identity (using a government issued ID such as a driver’s license, state ID, passport, etc.) and will be required to execute an Affidavit of Eligibility and a Liability Release and, except where prohibited, a Publicity Release. An entrant is not a winner unless and until the entrant’s eligibility and has been verified and entrant has complied with all Sweepstakes requirements. Allow two weeks for delivery of prize which will be delivered via email.

5. Prizes.During the Drawing, Sponsor will award four prizes (each two hundred fifty dollars ($250) Amazon gift cards). The odds of winning depend on the number of eligible entries received. Limit one prize per person. Prizes are not transferable and subject to availability. No substitution of prize for cash or other goods and services is permitted, except Sponsor reserves the right to provide a substitute prize of approximately equal value. All expenses not specified above, including, without limitation, all federal, state, provincial, and local taxes are the sole responsibility of the individual winner. Recipients are solely responsible for any income taxes payable in respect of the thank you gift.

6. Consent & Release.By entering, Entrants give Amenity Health and Excelerate, LLC consent to use your responses for any and all purposes, without further compensation, including, without limitation, for marketing and publicity purposes. You agree not to disclose to anyone the content of the survey, or any specific information that may have been provided to you during the course of taking the survey. By entering Entrants agree to release and  hold harmless Amenity Health, Excelerate, LLC, and their respective affiliate companies, directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind, including death, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a thank you gift or participation in the survey program.

7. General. THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, MUNICIPAL, AND LOCAL LAWS AND REGULATIONS. By participating in the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators to release and indemnify and hold the Sweepstakes Entities and their respective officers, directors, employees and representatives harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Sweepstakes. By participating in this Sweepstakes, each entrant agrees to abide by and be bound by these Official Rules, and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all actions of the Sponsor and/or Sponsor's representative, whose decisions are binding and final on all matters related to this Sweepstakes. By accepting any prize, winner grants to Sponsor the right to use his/her name, likeness, hometown and biographical information, for any lawful purpose (including but not limited to advertising and promotion), in perpetuity, in any media now known or hereafter developed, without further permission or compensation, except where prohibited by law. By accepting any prize, winner agrees for himself/herself and for his/her heirs, executors and administrators to release and indemnify and hold the Sweepstakes Entities and their respective officers, directors, employees and representatives harmless from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize, or while preparing for, participating in and/or traveling to or from any prize related activity and claims based on rights of publicity, rights of privacy, defamation or prize delivery.

Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the internet; or (e) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or result from any attempt to participate in the Sweepstakes.  

Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should any cause or problem corrupt or inhibit the administration, fairness, security or proper operation of the Sweepstakes and, in such situation, to select the winners in such manner as deemed fair and appropriate by Sponsor. If, in the Sponsor's opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void suspect entries and/or terminate the Sweepstakes (or any portion of the Sweepstakes) and select a winner using all known eligible non-suspect entries received as of the date of termination. Sponsor may prohibit entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. Any attempt by an entrant to deliberately undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law.  Sponsor is not responsible for typographic or printer's errors.  In no event will more than the number of prizes stated in these Official Rules be awarded.

Sponsor further reserves the right to modify, cancel, or suspend this Sweepstakes (or any portion of this Sweepstakes), or delay delivery of any prizes, due to causes beyond Sponsor’s control, including, without limitation, acts of government authorities, pandemics, and any other events, including emergencies or non-emergencies. 

8. WAIVER. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZES OR OFFERS AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; AND (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES) AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT.

9. Governing Law. THIS SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.  VENUE FOR ANY ACTIONS HEREUNDER SHALL BE IN THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN DIEGO COUNTY, CA. 

10. Use of Information. Personally identifiable information that is submitted by entrants as part of this Sweepstakes will be used to administer the Sweepstakes, select the prize winner and fulfill the prize, and will be subject to Sponsor’s privacy policy at https://medcline.com/pages/privacy-policy. If you are selected as a winner, your name (first name, last initial and city and state of residence) may also be included in a publicly available winner’s list.

11. Winner’s list.To receive a list of the winners, send a self-addressed, stamped envelope to Amenity Health, Inc. Attn: Winner’s List, 8825 Rehco Road, Suite D, San Diego, CA 92121

12. Sponsor. Amenity Health, Inc. 8825 Rehco Road, Suite D, San Diego, CA 92121