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THE CPAP FANATIC COMPETITION OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.  BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.

 

1. ELIGIBILITY: The CPAP Fanatic Competition (the “Competition”) is open to legal U.S. residents, excluding residents of Rhode Island, who are (i) 21 years of age or older as of the date of entry, (ii) physically located in the United States or the District of Columbia, and (iii) have Internet access. Competition is void in all areas outside of the United States and the District of Columbia, and where prohibited by law. The Competition 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 Competition.

 

2. ENTRY PERIOD: The CPAP Fanatic Competition (“Competition”) begins at 5:00 a.m. (Pacific Standard Time [“PST”]) on February 5th, 2020, and ends at 11:59 p.m. PST on March 31st, 2020 (“Entry Period”).

 

3. HOW TO ENTER: During the Entry Period, and eligible entrants may:

 

  1. Sign into his/her Facebook account (entrant may create a Facebook account for free if he/she do not already have one);
  2. Compose a new Facebook post on Easy Breathe’s page which includes a picture of a CPAP mask and/or CPAP machine, along with the hashtag “#CPAPproud”.  This picture cannot be taken indoors.  The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook and Facebook does not have any responsibility or liability regarding the conduct or administration of the Competition or prizes.  Entrants agree to release Facebook from any and all liability associated with this Competition.

 

4. PHOTO ENTRY REQUIREMENTS: All Facebook entries must comply with the following restrictions:

 

  • Entry must contain the hashtag “#CPAPproud”;
  • Entry must contain a photo with the entrant and their CPAP Equipment;
  • Entrant's photo must be taken outdoors;
  • Entry must comply with Facebook Terms of Service located at https://www.facebook.com/terms.php;
  • By submitting a post, you represent that it (a) was created by you, (b) does not infringe the rights of any third party, (c) has not previously been entered in any other contest, and (d) has not been previously published in any medium;
  • Posts that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, non-family-friendly, or that otherwise contain inappropriate content or objectionable material may not be submitted and may be disqualified at any time in Sponsor’s sole discretion;
  • Posts cannot contain trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than the Sponsor’s;
  • Posts cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
  • Posts cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without written permission from that person;
  • Posts cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Posts cannot describe or depict any illegal activity or violation of any state or federal law;
  • Posts must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
  • Posts must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages: gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
  • Posts must not contain or promote the use of prostitution, pornography, nudity, profanity or other adult content, or violence the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
  • Posts must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.

 

If any post fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.

 

By submitting a Photo, entrant grants Sponsor and its agents an unlimited, worldwide, irrevocable, perpetual license and right, but not obligation, to publish, reproduce, exhibit, use, publicly display, distribute, edit, crop or otherwise exploit and create derivative works of the photo (as well as any name or likeness embodied therein) in any way, in any and all media, now known or hereafter devised, without limitation, and without further consideration or approvals.  Each entrant waives any intellectual property rights, publicity/privacy rights or other legal or moral rights relating to such use.  BY SUBMITTING A PHOTO, ENTRANT AGREES THAT THE PHOTO, ALONG WITH HIS/HER FIRST NAME, AND LAST INITIAL, MAY BE POSTED ON THE WEBSITE, OTHER SOCIAL MEDIA PLATFORMS, INCLUDING BUT NOT LIMITED TO OTHER PAGES ON FACEBOOK, TWITTER, ETC., THE INTERNET, TELEVISION, RADIO, AND PRINT AT SPONSOR’S SOLE DISCRETION, AND ENTRANTS ACKNOWLEDGE THAT THEIR ENTRIES MAY BE REPOSTED BY THE PUBLIC OR OPEN TO PUBLIC COMMENTARY, FOR WHICH SPONSOR AND THE SWEEPSTAKES ENTITIES SHALL NOT BE LIABLE.

 

Data charges may apply; see carrier for details. There is a limit of one entry per person selected during the entry process; entrants may only submit one Facebook post to be considered. 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) Facebook post per entrant 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 profile of the Facebook Account which submitted 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 Competition.

 

5. JUDGING: The winner of the Competition will be determined by judging the 10 entries which receive the greatest number of likes based on the following criteria:

 

  • Uniqueness of the post: How creative and unique was the entrant with their photo? Have we seen something like this before?
  • Integration of CPAP equipment: How integrated is the CPAP equipment in the picture?  Is it front and center/easy to see in the post?
  • Love of CPAP: Is it clear that you love your CPAP? Does it look like you’re having fun/enjoying yourself?
  • Outdoors: Is it clear that your photo was taken outdoors?

 

All entries will be judged using the criteria stated above.  In the event of a tie, the highest scoring entry will be the winner.  All judging will be accomplished by a panel of Easy Breathe judges.  Decision of the judges is final and binding on all matters relating to this Competition.

 

5. WINNER SELECTION AND NOTIFICATION: Sponsor will evaluate the entries within 10 business days of the conclusion of the Entry Period. 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, 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.

 

6. PRIZE: A $1,000 (one thousand dollar) Easy Breathe gift card.  Prize may only be used at www.EasyBreathe.com. 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 the 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. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.

  

This Competition 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 $1,000. 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.

 

7. REQUIREMENTS OF POTENTIAL WINNER: Potential winner will be required to complete and return 1) an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) and 2) an IRS Form W-9 and furnish his/her social security number that will be used only for the purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required by law within five days of being notified. If a potential winner fails to sign and return the required documentation within the required time period, he/she will be disqualified and an alternate entrant may be selected in his/her place in a random drawing of all entries received.

 

8. RELEASE: By participating in the Competition, 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 Competition or acceptance, use, or misuse of any prize including, without limitation, personal injury, death, and property damage.

 

9. 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 Competition will be the sole responsibility of each winner. The winner will be issued an IRS form 1099 for the value of their prize.

 

10. 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 from among all eligible entries received during the appropriate Entry Period, if time permits.

 

11. PUBLICITY: As a condition of entry into the Competition, 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 Competition entrant’s name, e-mail, city, state and Entry for Competition 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.

 

12. PRIVACY: Entry in the Competition constitutes consent to the transfer of the personal information collected from the entrant to the Sponsor for the purposes of administering the Competition, for future marketing and promotions, and for such other purposes to which entrant may consent as outlined herein or on the Competition website. All information submitted to Sponsor as part of this Competition 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 Competition and will use personal information you provide to enter the Competition to actually conduct the Competition.

 

13. 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 Competition, 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 Competition or any Competition-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 Competition 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 Competition website or error in the collection, processing, or retention of entry information.

 

14. TERMINATION/ MODIFICATION OF Competition: If for any reason this Competition 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 Competition, the Sponsor reserves the right at its sole discretion to terminate, modify, or suspend the Competition 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 Competition 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 Competition 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 COMPETITION 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.

 

15. DISPUTES: This Competition 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 Competition 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 Competition, 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 Competition, 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 Competition, 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.

 

16. RULES/WINNERS LIST: To receive notification regarding the Winning Entry for the CPAP Fanatic Competition or an additional copy of these Official Rules, send a self-addressed, stamped envelope by March 31st, 2020, to: Easy Breathe, Inc., CPAP Fanatic Competition, 11859 Wilshire Blvd. Suite 110, Los Angeles, CA 90025. Please specify “Rules” or “Winning Entry.” You may also view the Official Rules at https://www.easybreathe.com/AirMini-Competition-Official-Rules-140.html

 

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

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