DR. HARRY FISCH ESSAY CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, AGE 18 YEARS OR OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
1. ELIGIBILITY: The Dr. Harry Fisch Essay Contest (“Promotion”) is open to all legal residents of the 50 United States and the District of Columbia who at time of entry are at least eighteen (18) years of age. Employees, officers and directors of ZoCo Productions, LLC (“Sponsor”), Sharecare, Inc. (“Promotion Administrator”) and their parent companies, subsidiaries, affiliates, advertising agencies, promotional suppliers (collectively, “Promotions Entities”) and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of each are not eligible. All applicable federal, state, and local rules apply. By entering, participants warrant and represent that they agree to be bound by these Official Rules and the final decision of the Sponsor. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. PROMOTION PERIOD: The Promotion begins at 9AM Eastern Time (“ET”) on April 22, 2014 and ends at 9PM ET on April 24, 2014 (“Promotion Period”).
3. TO ENTER: Participants will go to https://www.doctoroz.com/dr-harry-fisch-book-contest to submit an essay of up to two hundred (200) words in response to the question, “How has your sex life suffered and what have you done to kickstart it?” Promotion Administrator must receive entries before April 24, 2014 at 9PM ET for the entry to be valid. Limit one (1) entry per household/person/email address. Internet access required to enter the contest.
4. WINNERS SELECTION: Ten winners (each a “Winner”) will be selected at the sole discretion of Sponsor from all eligible entries received. Entries will be judged on originality, composition and overall impact. All components of an essay submitted in connection with this Promotion must be the original creation of the entrant. Modifying, enhancing or altering a third-party’s pre-existing work does not qualify as an original creation. Essays must not have been previously released, distributed, licensed or made publicly available, submitted in any other contest or promotion, in whole or in part, or have won any other award. Essays must not: (i) incorporate, violate or infringe upon any third-party or personal rights, including without limitation copyrights, trademarks, trade secrets, patents, or privacy, property or publicity rights of any other person or entity; (ii) violate any law or be inappropriate, indecent harmful, discriminatory, defamatory or obscene; or (iii) be unsuitable to be entered into this Promotion for any reason whatsoever and/or communicate messages or images or content inconsistent with the positive images and/or goodwill to which the Sponsor and Promotion Entities wish to associate. By entering this Promotion, each entrant represents and warrants that he or she owns all right, title and interest in the essay and has the authority to grant to Sponsor and other Promotional Entities the rights provided in these Official Rules. By submitting an essay, entrant acknowledges that Sponsor is not required to treat the essay as the confidential or proprietary work of the entrant. Entrants agree that the Sponsor and other Promotional Entities are not responsible for any unauthorized use of an essay. Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry. Sponsor is not responsible for lost, late, damaged, invalid, unintelligible, incomplete, garbled or misdirected entries – all of which will be disqualified. The judging panel is comprised of Sponsor and/or Promotion Administrator staff with editorial experience related to health information.
5. PRIZES: The ten Winners will each be awarded one copy of Dr. Harry Fisch’s book, The New Naked: The Ultimate Sex Education for Grown-Ups (“Prize”). Each Prize has an Approximate Retail Value ("ARV") of $14.99. Limit one (1) Prize per person/per household. Total ARV of all Prizes is $149.90. Winners will receive their Prize notification and Prize within 6-8 weeks after the end of the Promotion Period. Expenses not specified are Winner's responsibility.
6. PRIZE CONDITIONS: Winner(s) will be notified by email, phone, postal mail and/or express mail at Sponsor's sole discretion. Inability to contact a Winner, failure by Winner to reply to the Winners notice by the date specified by sponsor, or the return of any Prize notification as undeliverable will result in the Prize being forfeited and an alternate Winner will be selected from the remaining eligible entries by according to the Winner selection process for the Promotion. Each Winner may be required to complete an affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within time period specified in notification letter or an alternate Winner will be selected. If a Winner is 18 or older, as is required for entry, but not of the age of majority in state of residence, Prize will either be awarded in the name of parent or legal guardian, or parent or legal guardian must ratify and sign any and all documents required of Winner. Winner's guests, or a parent/legal guardian if Winner is not the legal age of majority at the time of entry, must complete and return a notarized liability/publicity release prior to issuance of a Prize. No Prize transfer or cash redemption. No Prize substitution, in whole or in part, except by Sponsor due to Prize unavailability or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded.
7. TAXES: Taxes on Prize and all expenses related to acceptance and use of Prize are the sole responsibility of Winner.
8. PARTICIPATION CONDITIONS: By participating, entrants agree: (a) to these rules and decisions of Sponsor, which shall be final in all respects relating to this Promotion; (b) to release, discharge and hold harmless Promotion Entities from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Promotion or their acceptance, use or misuse of Prize including, without limitation, personal injury, death and property damage; and if a Winner, (c) to permit Sponsor to use his or her name, photograph, likeness, statements, biographical information, voice, voice likeness and city and state address for advertising, publicity and promotional purposes in all media, including but not limited to on air and on its websites in perpetuity, without compensation (unless prohibited by law) and agree to execute specific consent to such use upon request.
9. INDEMNITY: Sponsor, its promotional partners, their respective affiliates, subsidiaries, advertising and promotion agencies, agents and representatives, and the officers, directors and employees of each are not responsible for and shall not be liable for: (i) any human error which may occur in the processing of entries; (ii) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, or server malfunction which may occur in the processing of entries; (iii) failed, incomplete, garbled or delayed computer transmissions; (iv) late, lost, misdirected, stolen, illegible or incomplete entries or postage-due mail; or (v) any condition caused by events beyond the control of the Sponsor that may cause the promotion to be disrupted or corrupted.
10. OTHER ERRORS: Sponsor reserves the right to cancel, modify or suspend the Promotion or any portion thereof should virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the promotion. Sponsor may proceed in a manner deemed fair and equitable by Sponsor in its sole discretion. Entry information becomes property of Sponsor. Internet entry must be made by the entrant only at the authorized website address of the Promotion. Entries may not be made by any other individual or any entity, and/or originating at any other Internet website or e-mail address, including but not limited to commercial promotion subscription notification and/or entering service sites. Any Winner who enters by any of the methods described above will be disqualified and an alternate Winner will be selected. Use of any device to automate entry is prohibited. Sponsor reserves the right in its sole discretion to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.
11. GOVERNING LAW AND VENUE: ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN NEW YORK, NEW YORK; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION BUT IN NO EVENT WILL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED ARE HEREBY WAIVED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. This Promotion is governed by the laws of the State of New York, with jurisdiction and venue in New York, New York, and all claims must be resolved in the courts of New York, New York.
12. DATA PRIVACY: Personal information collected from participants during the Promotion is subject to Sponsor's privacy statement available at https://www.doctoroz.com/privacy, and except as otherwise provided in these Official Rules, will be treated in accordance with the terms of that statement. Information collected from entrants in connection with this Promotion will be used by Sponsor for purposes of administration of the Promotion and the fulfillment and verification of Prize awards. Sponsor may engage certain third-party companies to perform services in connection with the administration of this Promotion and information provided by entrants may be collected and used by those third parties for purposes of administration of the Promotion and the fulfillment and verification of Prize awards.
13. WINNER LIST: To view a list of winners, go to https://www.doctoroz.com/Dr_Oz_Winners_List.
14. SPONSOR: ZoCo Productions, LLC, 1270 Avenue of Americas, 7th Floor, New York, NY 10020.
15. PROMOTION ADMINISTRATOR: Sharecare, Inc., 3280 Peachtree Rd, Suite 600, Atlanta, GA 30305.
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DC, 18 YEARS OR OLDER. VOID WHERE PROHIBITED. Begins 4/22/14 at 9AM ET and ends 4/24/14 at 9PM ET. Each Prize has an Approximate Retail Value ("ARV") of $14.99. Total ARV for all Prizes is $149.90. See Official Rules at https://www.doctoroz.com/dr-harry-fisch-essay-contest-official-rules.