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THE AIRMINI TRAVEL CPAP EASY BREATHE SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY: This sweepstakes (the “Sweepstakes”) is open to legal U.S. and residents, excluding residents of Rhode Island, who are (i) 21 years of age or older, (ii) physically located in the United States or the District of Columbia, and (iii) have Internet access. Sweepstakes is void in all areas outside of the United States and the District of Columbia, and where prohibited by law. The Sweepstakes and any websites, webpages, and advertisements relating thereto are intended for viewing only within the United States. Entries received from persons residing outside of the eligible geographic areas, or where restricted or prohibited by law will be disqualified. Employees, officers, and directors of Easy Breathe, Inc. (“Sponsor”), its advertising and promotion agencies, and its immediate families (parents, siblings, children, and spouses of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers, and directors, are ineligible to participate in this Sweepstakes.

 

2. ENTRY PERIOD: The AirMini Travel CPAP Sweepstakes (“Sweepstakes”) begins at 5:00 a.m. (Pacific Standard Time [“PST”]) on September 1st, 2018, and ends at 11:59 p.m. PST on September 30th, 2018 (“Entry Period”).

 

3. HOW TO ENTER: To enter the Sweepstakes visit https://blog.easybreathe.com/airmini-travel-cpap-sweepstakes-win-worlds-smallest-cpap-8/ from a computer, tablet, or smartphone during the applicable Entry Period and click on the link to the official online entry form for the Sweepstakes (the “Entry Form”). Data charges may apply; see carrier for details. Then complete the Entry Form in its entirety by providing all required information and submit your Entry Form in accordance with the on-screen directions during the applicable Entry Period (hereafter referred to as “entry” or “entries”). There is a limit of one entry per person and per email address per prize selected during the entry process; entrants may only register one time during registration. Any use of automated, robotic, macro, programmed, or similar quick-entry programs, attempts to exceed the maximum number of entries permitted, or use of more than one (1) email address per entrant per prize level, is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, the entrant will be deemed to be the person named in the Entry Form for the entry. Sponsor will not correspond regarding receipt of entries. All entries submitted become the sole property of Sponsor and will not be returned. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Entry Period in order to participate. Sponsor’s database clock will be the official timekeeper for this Sweepstakes.

 

4. WINNER SELECTION AND NOTIFICATION: Sponsor will conduct a random drawing on or about October 1st, 2018, from among all eligible entries received during the Entry Period to select the winner. Odds of winning the prize depends on the number of eligible entries received during the Entry Period. The potential winner will be notified by telephone or email, at Sponsor’s sole discretion. If Sponsor attempts to contact the potential winner via telephone and cannot engage in a live conversation with the potential winner within seven (7) business days from the first notification attempt, then such person may be disqualified and an alternate winner may be selected via a random drawing, if time permits. Although Sponsor may, in its sole discretion, choose to leave a message or messages on such potential winner’s voicemail service or answering machine, such messages are solely to facilitate live contact within the seven (7) business day period and do not constitute a “live conversation” for purposes of these Official Rules. If Sponsor attempts to contact the potential winner via email, then the potential winner must respond to such email, and provide all requested information, within the time specified in the email or such person may be disqualified and an alternate potential winner may be selected via a random drawing, if time permits. All notification requirements, as well as other requirements within these Official Rules, will be enforced.

 

5. PRIZE:

The AirMini Travel CPAP By ResMed is an Automatic Continuous Positive Airway Pressure device used to treat sleep apnea while traveling. Only one prize per person and per household will be awarded. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash, or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The Approximate Retail Value (“ARV”) of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
   
 This Sweepstakes is open to legal residents of Eligible Locations and Prize will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.  Winner is also responsible for all costs associated with any optional accessories ordered by winner. Winner must provide Sponsor with evidence of a valid prescription prior to delivery of the prize; failure to provide a valid prescription may result in prize forfeiture and selection of an alternate winner.

 

The ARV of the prize is $999. Actual value of prizes may differ and Sponsor will not award the difference. No transfer, substitution, or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. All expenses not specifically identified in these Official Rules are the sole responsibility of the winner, including all federal, state, and local taxes, and upgrades.

 

6. RELEASE: By participating in the Sweepstakes, participants agree to release, discharge, and hold harmless Sponsor from any and all injuries, liability, losses, and damages of any kind resulting from participation in the Sweepstakes or acceptance, use, or misuse of any prize including, without limitation, personal injury, death, and property damage.

 

7. TAXES: All federal, state, local, or other tax liabilities, including but not limited to income taxes or like amounts in connection with a winner’s award, acceptance, or use of a prize arising from this Sweepstakes will be the sole responsibility of each winner. The winner will be issued an IRS form 1099 for the value of their prize.

 

8. DISQUALIFICATION: If an entrant is found to be ineligible, or if he/she does not comply with the Official Rules, then such entrant will be disqualified. If a prize, prize documentation, or prize notification is returned as undeliverable or unclaimed, this will result in disqualification. In the event an entrant is deemed ineligible or disqualified for any reason under the provisions of the Official Rules, then an alternate potential winner will be selected via a random drawing from among all eligible entries received during the appropriate Entry Period, if time permits.

 

9. PUBLICITY: As a condition of entry into the Sweepstakes, except where prohibited by law, each entrant by entering and the winner by accepting a Prize (defined above) grants to Sponsor and Sponsor’s affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Sweepstakes entrant’s name, e-mail, city, state and biographical material in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval. 

10. PRIVACY: Entry in the Sweepstakes constitutes consent to the transfer of the personal information collected from the entrant to the Sponsor for the purposes of administering the Sweepstakes, for future marketing and promotions, and for such other purposes to which entrant may consent as outlined herein or on the Sweepstakes website. All information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with the Privacy Notice of the Sponsor located at  https://www.easybreathe.com/Privacy-Policy-2.html. More specifically, Sponsor may collect information that you provide to enter the Sweepstakes and will use personal information you provide to enter the Sweepstakes to actually conduct the Sweepstakes.

 

11. LIMITATIONS ON LIABILITY: By entering, each entrant agrees: (a) to be bound by these Official Rules and any other documents required by Sponsor herein and by the decisions of the Sponsor, and to waive any right to claim ambiguity in this Sweepstakes, the Official Rules, or any other documents required by Sponsor herein; (b) to indemnify, defend, and hold harmless Sponsor and its respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Parties”), from and against any and all liability, claims, losses, damages, demands, causes of action, penalties, and expenses arising out of or related to any statement, action, or failure to act by entrant during or in connection with his/her participation herein and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor and; (c) not to sue and to hereby irrevocably and unconditionally release, waive, and forever discharge the Released Parties, from any and all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which entrant (or entrant’s successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss, or any other harm resulting in whole or in part, directly or indirectly, from (i) participation in the Sweepstakes or any Sweepstakes related activity; (ii) the acceptance, possession, misuse, or use of the prizes; (iii) the use of any of the rights granted herein (including, without limitation, the use and exploitation of the entrant’s name, address [city and state], biographical information, statements, voice, photograph, and/or other likeness); (iv) any malfunction or other problem with the Sweepstakes website; (v) any error in the collection or retention of entry information, and (vi) any typographical or other error in the printing, offering, or announcement of any prize.

 

PRIZE IS AWARDED “AS-IS’’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). SPONSOR (INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER, WINNER’S GUEST, OR OTHER USERS OF THE PRIZES FOR ANY REASON.

 

Sponsor is not responsible for lost, late, stolen, misdirected, undeliverable, or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital, or satellite malfunctions which may limit an entrant’s ability to participate. Sponsor is also not responsible for any malfunction of the entire Sweepstakes website or error in the collection, processing, or retention of entry information.

 

12. TERMINATION/ MODIFICATION OF SWEEPSTAKES: If for any reason this Sweepstakes 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 Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to terminate, modify, or suspend the Sweepstakes and to select the winner by conducting a random drawing from those eligible entries received up to the time of the termination/suspension. Sponsor may also disqualify or prohibit an entrant from participating in the Sweepstakes or winning a prize in this or any other promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten, or harass any other entrants, Sponsor or Sponsor representatives. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

13. DISPUTES: This Sweepstakes is subject solely to the applicable federal, state, and local laws of the United States; provided, however, that except where prohibited, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state courts located in the Los Angeles, California, area; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.  Any action or proceeding arising from, relating to or in connection with the Sweepstakes, the prize, these Official Rules, will be brought exclusively in the federal or state courts located in Los Angeles, California, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

 

14. RULES/WINNERS LIST: To receive a list of the winners or an additional copy of these Official Rules, send a self-addressed, stamped envelope by September 1st, 2018, to: Easy Breathe, Inc.,  AirMini Travel CPAP Sweepstakes, 11859 Wilshire Blvd. Suite 110, Los Angeles, CA 90025. Please specify “Rules” or “Winners List.” You may also view the Official Rules at https://www.easybreathe.com/AirMini-Sweepstakes-Official-Rules-140.html

15. SPONSOR: Easy Breathe, Inc.; 11859 Wilshire Blvd., Ste. 110, Los Angeles, CA 90025; 866-564-2252.

 

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