NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASEWILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BEGOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED INTHE 50 UNITED STATES OR DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. OPENONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA,18 YEARS OF AGE OR OVER. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BYLAW. THE SWEEPSTAKES WILL BE GOVERNED BY THESE OFFICIAL RULES (“OFFICIALRULES”).
1) SWEEPSTAKES PERIOD. AIRDOCTOR MARCH 2023 SMART APP DEVICE (the“Sweepstakes”) begins March 13th, 2023 at 12:00 AM PacificStandard Time (“PST”) and ends on March 20th, 2023 at 12:00 AMPST (the “Sweepstakes Period”).
2) ELIGIBILITY. The Sweepstakes is open to legal residents of the fifty(50) United States and the District of Columbia who are eighteen (18) yearsof age and older at the time of entry. Employees, directors and officers,and their immediate families (spouse, parents, children, siblings, andtheir respective spouses), and their respective household members, ofSponsor and its affiliates, subsidiaries, divisions, advertising andpromotion agencies and prize providers, are not eligible to enter or win.Sweepstakes is subject to all applicable federal, state and local U.S.laws. All interpretations of these Official Rules and decisions by Sponsorare final.
3) SPONSOR. This Sweepstakes is sponsored by AirDoctor, LLC, PO Box 9156,Van Nuys, CA 91409-8291 (the “Sponsor”).
4) HOW TO ENTER. No purchase necessary. There is one (1) entry method,which is described as follows:
During the Sweepstakes Period, AirDoctor subscribers will receive an emailasking them to click on a link to complete a short survey of questionsregarding Smart connected devices and Mobile IOT units. Only one entry perperson and per email. Entry content will not be judged. Each Entrant mustfollow all instructions to receive an Entry. By participating, Entrantsagree to these Official Rules.
Entrants agree to assign and hereby do assign to Sponsor the ownershiprights to all Entries. Upon the Sponsor’s request, Entrant’s agree to signany further document(s) as may be deemed necessary by the Sponsor in itssole and absolute discretion to perfect, or give full effect, to such grantand assignment.
All Entries must be original to the entrant, complete, and include allrequired information, comply with Sweepstakes terms and policies, andcomply with these Official Rules. Any Entries that contain material that isdetermined by Sponsor, in its sole discretion, to be inappropriate,indecent, obscene, hateful, tortious, defamatory, slanderous, libelous,racially or religiously biased or offensive or sexually explicit orsuggestive, unnecessarily violent or derogatory of any ethnic, racial,gender, religious, professional or age group, profane or pornographic,contain nudity or any materially dangerous activity will be disqualified.Entry cannot contain trademarks, logos or trade dress owned by others, oradvertise or promote any brand or product of any kind, without permission,or contain any personal identification, such as license plate numbers,personal names, e-mail addresses or street addresses. Entry cannot containcopyrighted materials owned by others without permission. Entry cannotcontain materials embodying the names, likenesses, photographs, or otherindicia identifying any person, living or dead, without permission. Entrycannot be defamatory or trade libelous.
Sponsor reserves the right to screen all Entries. Any Entries that Sponsordeems, in its sole discretion, to violate the terms and conditions setforth in these rules are subject to disqualification. Sponsor reserves theright, at any time and for any reason, to remove any Entries (or any partthereof) and/or to request an entrant to modify, edit and/or re-submit hisor her Entry Materials (or any part thereof) in order to ensure that theEntries comply with these rules, or for any other reason. If such an actionis necessary at any point during or after this Sweepstakes, then Sponsorreserves the right, in its sole discretion, to take whatever action itdeems necessary based on the circumstances – including, without limitation,disqualifying the Entries and entrant (and therefore the correspondingEntry) to help ensure that this Sweepstakes is being conducted inaccordance with Sponsor’s interpretation of the letter and spirit of theserules
Any attempt by a participant to obtain more than the stated number ofEntries by using multiple/different email accounts, identities,registrations and logins, or any other methods will void that Entrant’sEntries and that Entrant may be disqualified from the Sweepstakes. Use ofany automated system to participate is prohibited and will result indisqualification. In the event of a dispute as to any Entry, the authorizedaccount holder of the email account provided with the Entry will be deemedto be the Entrant. The “authorized account holder” is the natural personwho is assigned to an email account by an Internet access provider, serviceprovider, or online organization responsible for assigning email accountsassociated with the email account from which the Entry was submitted. ThePotential Prize Winner may be required to show proof of being theauthorized email account holder.
5) WINNER SELECTION AND NOTIFICATION. At the end of the Sweepstakes Period,a random drawing will be conducted by Sponsor’s administrator within five(5) days of Sweepstakes end to select a potential prize winner (“PotentialPrize Winner”) from among all eligible Entries received during the entireSweepstakes Period.
Within five (5) days of Sweepstakes end, the Potential Prize Winner will benotified via direct message and may be sent an affidavit ofeligibility/liability release, as well as a publicity release (wherepermitted by law) (“Release”). Unless restricted by law, the PotentialPrize Winner will be required to complete and return the Release withinseven (7) days of receiving it. Sponsor may also take all steps necessaryto corroborate any information provided to Sponsor by the Potential PrizeWinner. By accepting the prize, the Prize Winner acknowledges compliancewith these Official Rules. If the prize is won by an eligible Entrant whois a minor in his/her state of residence, the prize will be awarded to theminor’s parent or legal guardian who must sign and return all requireddocuments. The verified Potential Prize Winner is referred to herein as the“Prize Winner.” Any failure by a Potential Prize Winner to respond withinthe time designated by Sponsor to his/her notification or any other Sponsorcommunications may result in forfeiture of the prize. The Potential PrizeWinner is subject to verification, including verification of age. Exceptwhere prohibited, acceptance of the prize constitutes Prize Winner’sconsent to use of his/her name and/or photograph without furthercompensation for advertising, promotional, and publicity purposes bySponsor. If a potential Winner is found to be ineligible, has not compliedwith these Official Rules or declines the prize such potential Winner willbe disqualified and forfeit the prize. If a potential Winner is
disqualified or forfeits prize, Sponsor may,but shall not be required to, select an alternatepotential Winner from amongst all remaining eligible Entries. All expenseson receipt and use of prize are the sole responsibility of the applicableWinner.
AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’SELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZE DOCUMENT(S) ARECOMPLETED AND RETURNED, AND THE ENTRANT HAS BEEN ADVISED BY SPONSOR THATVERIFICATION IS COMPLETE.
6) ODDS. Odds of winning a prize depend on the total number of eligibleEntries received.
7) PRIZE. Sponsor will award one (1) prize winner: one (1) AirDoctor 3000Air Purifier Unit with an approximate retail value (“ARV”) per unit:$629.00.
No prize substitutes, cash equivalent, or transfers allowed except that ifthe prize becomes unavailable for any reason, Sponsor may award asubstitute of equal or greater value in its sole discretion. Only the prizestated in these Official Rules is available to be won in the Sweepstakes.All federal, state and/or local taxes; travel costs; and any other fees orcosts associated with the prize are the responsibility of the Prize Winner,regardless of whether the prize is used. The ARV of the prize is based onavailable information provided to Sponsor, is final and binding and cannotbe challenged or appealed, and the value of any prize awarded to the PrizeWinner may be reported for tax purposes where required by law.All income and other taxes (federal, state and local) on the prize arethe sole responsibility of the applicable Winner. Prize Winner acknowledges that Prize is provided “as is” and without anywarranty of any kind. The Released Parties (defined below) are notresponsible for any delay in the availability or delivery of a prize forany reason whatsoever (including without limitation, delays due to healthrisks or governmental restrictions, such as those that may be implementedto mitigate COVID-19 transmission) – no confirmed winner nor any otherperson or entity will be compensated in the event of such delay
8) PUBLICITY RELEASE: Acceptance of the prize constitutes eachWinner’s permission for Sponsor to use such Winner’s name, statements aboutthe Sweepstakes, product review(s), testimonial (in whole or part), prize
information and address (city and state) or other likeness (collectively, “Attributes”) for advertising and/or publicity purposesworldwide and in all forms of media now known or hereafter devised, inperpetuity, without further compensation or authorization (except whereprohibited by law) and each Winner releases Sponsor from all claims arisingout of the use of such Attributes.
9) WINNERS’ LIST. For a copy of the Prize Winner list, send aself-addressed, stamped envelope to: Attn: AIRDOCTOR MARCH 2023 SMART APPDEVICE Winner List Request, AirDoctor, LLC, PO Box 9159, Van Nuys, CA91409-8291. Requests must be received within six (6) weeks after the end ofthe Sweepstakes Period.
10) RELEASE OF LIABILITY. Each Entrant irrevocably agrees (and agrees toconfirm in writing) to waive, on behalf of themselves and their family andassociated persons or businesses, all claims, lawsuits, and damages, ofevery name and nature, known and unknown, now existing or hereinafter atany time arising, against all other Entrants, Sponsor, and each of theirrespective affiliates, subsidiaries, successors, assigns, officers,directors, agents, employees and all others associated with the developmentand execution of this Sweepstakes (collectively, “Released Parties”) fromany and all liability, loss or damage with respect to or in any way arisingfrom this Sweepstakes and/or acceptance or use of the prize, includingliability for personal injury, death, damage or monetary loss, andincluding any travel related thereto. Sponsor is not responsible forincorrect or inaccurate entry information whether caused by Internet usersor by any of the equipment or programming associated with or utilized inthe Sweepstakes or by any technical or human error, which may occur in theprocessing of the Entries. Released Parties are not responsible forcomputer system, phone line, hardware, software or program malfunctions, orother errors, failures or delays in computer transmissions or networkconnections that are human or technical in nature. Released Parties are notresponsible for, and each Entrant hereby releases the Released Partiesfrom, any claims arising from lost, late, stolen, incomplete, misdirected,damaged, destroyed or garbled Entries. Sponsor is not responsible for anyelectronic or typographical errors in the printing, advertisement orreproduction of these Official Rules, in any advertisement or promotionalmaterial related to this Sweepstakes (print or online) or in administrationof this Sweepstakes including but not limited to prize depiction orannouncement of the Winner.
11) RELEASE OF CLAIMS (CALIFORNIA): Each entrant acknowledges thatthere is a possibility that, subsequent to their involvement with thisSweepstakes and adherence to these Official Rules they may discover factsor incur or suffer claims which were unknown or unsuspected at the timeagreeing to these Official Rules, and which if known by them at that timemay have materially affected their decision to enter this Sweepstakes. Suchentrants acknowledge and agree that by reason of these Official Rules, andthe release contained in the preceding subsections, they are assuming anyrisk of such unknown facts and such unknown and unsuspected claims. Suchentrants acknowledge that they have read these Official Rules and, as such,hereby have been advised of the existence of Section 1542 of the CaliforniaCivil Code, which provides: “A general release does not extend to claims that the creditor does notknow or suspect to exist in his favor at the time of executing therelease, which if known by him must have materially affected hissettlement with the debtor.”
12) MODIFICATION/TERMINATION/FORCE MAJEURE. Sponsor reserves the right tomodify or terminate the Sweepstakes upon evidence of fraud, virus, bugs,hacking, security breaches, or other tampering, or should other causesbeyond the control of Sponsor corrupt the administration, security, orproper operation of the Sweepstakes. Sponsor also reserves the right, inits sole discretion, to cancel, suspend, or modify the Sweepstakes, ifnecessary, due to technical problems. If an insufficient number of eligibleEntries are received and/or Sponsor is prevented from awarding the prizesor continuing with this Sweepstakes as contemplated herein by any eventbeyond its control, including but not limited to fire, flood, natural orman-made epidemic of health or other means, earthquake, explosion, labordispute or strike, act of God or public enemy, satellite or equipmentfailure, riot or civil disturbance, terrorist threat or activity, war(declared or undeclared) or any federal, state or local government law,order, or regulation, public health crisis or governmental restrictionsimplemented to mitigate a public health crisis (e.g. due to ZIKA virus orCOVID-19), order of any court or jurisdiction, or other cause notreasonably within Sponsor’s control (each a “Force Majeure” event oroccurrence), Sponsor shall have the right to modify, extend or terminatethis Sweepstakes. In the event of cancellation, Sponsor shall have theright, at its sole discretion, to select the Potential Prize Winner byrandomly drawing from among all valid, non-suspect Entries received up tothe time of cancellation. Inclusion in such drawing shall be eachparticipant’s sole and exclusive remedy under such circumstances. Sponsorreserves the right, at its sole discretion, to disqualify any individual(and his or her Entry) who tampers with the entry process.
13) BINDING ARBITRATION. Any controversy or claim arising out of orrelating to the Sweepstakes shall be settled by binding arbitration in alocation determined by the arbitrator as set forth herein (provided thatsuch location is reasonably convenient for claimant), or at such otherlocation as may be mutually agreed upon by the parties, in accordance withthe procedural rules for commercial disputes set forth in the ComprehensiveArbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) thenprevailing, and judgment upon the award rendered by the arbitrator(s) maybe entered in any court having jurisdiction thereof. The arbitrator shallbe selected pursuant to the JAMS Rules and Procedures. The arbitrator shallapply California law consistent with the Federal Arbitration Act andapplicable California statutes of limitations, and shall honor claims ofprivilege recognized at law. In the event that the claimant is able todemonstrate that the costs of arbitration will be prohibitive as comparedto the costs of litigation, Sponsor will pay as much of the claimant’sfiling and hearing fees in connection with the arbitration as thearbitrator deems necessary to prevent the arbitration from beingcost-prohibitive as compared to the costs of litigation. If any part ofthis arbitration provision is deemed to be invalid, unenforceable orillegal (other than that claims will not be arbitrated on a class orrepresentative basis), or otherwise conflicts with the rules and proceduresestablished by JAMS, then the balance of this arbitration provision shallremain in effect and shall be construed in accordance with its terms as ifthe invalid, unenforceable, illegal or conflicting provision were notcontained herein. If, however, the portion that is deemed invalid,unenforceable or illegal is that claims will not be arbitrated on a classor representative basis, then the entirety of this arbitration provisionshall be null and void, and neither claimant nor Sponsor shall be entitledto arbitrate their dispute. Upon filing a demand for arbitration, allparties to such arbitration shall have the right of discovery, whichdiscovery shall be completed within sixty days after the demand forarbitration is made, unless further extended by mutual agreement of theparties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THEENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER INANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOTCONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BESIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TOHAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIALRULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENTPERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OFACTION ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED,WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTHABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS,JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKETCOSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED ORRECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TOOBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALLRIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKETEXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISEINCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEYDAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEKINJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THELIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERYENTRANT.
14) GOVERNING LAW & JURISDICTION. These Official Rules and theSweepstakes are governed by U.S. law and are subject to all applicablefederal, state and local laws and regulations. All issues and questionsconcerning the construction, validity, interpretation and enforceability ofthe Official Rules, or the rights and obligations of Entrant and Sponsor inconnection with the Sweepstakes, shall be governed by, and construed inaccordance with, the laws of the State of California, U.S.A., withoutgiving effect to the conflict of laws rules thereof, and any matters orproceedings which are not subject to arbitration as set forth in Section 11of these Official Rules and/or for entering any judgment on an arbitrationaward, shall take place in the State of California, in the City of LosAngeles.