1. SWEEPSTAKES OVERVIEW
The Sweepstakes period begins at 9:00 a.m. Eastern Standard Time (“EST”) on May 1 and ends at 11:59 p.m. (EST) on May 31. The focus of the campaign is to showcase 20-minute tasks that can be completed in the same amount of time it takes to complete Deep transcranial magnetic stimulation (Deep TMS) treatment– and how easily this treatment for depression and obsessive-compulsive disorder can fit within the average day.
Submission Materials: The Sweepstakes will run across BrainsWay’s social media pages (Instagram, Facebook, and Twitter) and identified partners’ pages. Participants must follow the BrainsWay page they are tagging a friend on (Instagram, Facebook, and Twitter) for the entry to count.
Entry Limits: Enter as many times as you’d like by tagging a friend on any designated post from BrainsWay or one of its partners, during the Sweepstakes period. For each additional entry, you will need to tag a different friend (i.e. friends not previously tagged). Friends must have valid social media accounts, and valid handles must be tagged to be eligible.
2. WHO CAN ENTER?
Eligibility: The Sweepstakes is open to qualified participants who are legal residents of the United States, including Alaska, Hawaii, Puerto Rico and the territories of Guam and the Virgin Islands, who are at least 18 years old, or the age of majority in the entrant’s legal state of residence, and who hold a valid United States ID. Employees of Sponsor, and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes, you confirm your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning any prize that may become available is contingent upon fulfilling all requirements set forth herein and being chosen as the winner in Sponsor’s sole discretion.
Residency Requirements: Open only to legal residents of the United States, including Alaska, Hawaii, Puerto Rico and the territories of Guam and the Virgin Islands, who are at least 18 years old or the age of majority in the contestant’s legal state of residence and who hold a valid United States ID. Employees of sponsor, and their respective parent, subsidiary and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. BrainsWay will determine winners’ eligibility in its sole discretion.
3. PRIZE SELECTION AND WINNER
The Sweepstakes will have 20 winners who will receive a self-care package, which will be delivered to each winners’ mailing address. Winners will be randomly selected from all those eligible. The package will include:
Notifications: The potential prize winner of the Sweepstakes will be notified through direct messaging using the handle in the registration entry. The potential winner will be required to respond to the Sponsor with an email address within 7 days of notice or attempted notice in order to claim their prize. If a potential winner fails to provide contact information within the required time period, the prize will be forfeited and it will be awarded to an alternate, potential Sweepstakes winner in the applicable criteria category who is also subject to verification.
4. RELEASE
By entering this Sweepstakes or taking receipt of prize, you agree to release and hold harmless Sponsor, and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, owners, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property or privacy, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
5. PUBLICITY
Except where prohibited, participation in Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photographs, photo captions, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration; including, without limitation, placement on the BrainsWay website and creation of promotional videos featuring the winner. Sponsor reserves the right to publicize the winner of the Sweepstakes, but is not required to publicize the winner of the Sweepstakes.
By entering the Sweepstakes, you agree that only information that you share publicly on BrainsWay’s social media sites may be reshared and/or publicized. By sharing your personal information publicly, you are giving BrainsWay consent to reshare that information. Any and all patient-protected information (i.e., information that you do not share publicly on BrainsWay’s social media channels) will not be disclosed, shared or publicized in any manner.
6. GENERAL CONDITIONS
Sweepstakes is subject to all local, state and federal laws. Winner is solely responsible for any and all state, local and federal taxes. Prizes are not transferable and may not be substituted, except at the sole discretion of Sponsor. The submission of an entry confirms your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to cancel, suspend and/or modify any and/or the Sweepstakes, or any part of thereof, if any fraud, technical failure or any other factor beyond sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes in any manner, or for any reason related to the administration of the Sweepstakes, as determined by sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other sponsor promotion, or in an unsportsmanlike or disruptive manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
7. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you or any other contestant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, cable connections or network hardware or software; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries, prize notification and/or winner confirmation; (4) any lost, late, delayed, corrupted, undelivered or undeliverable entry or prize notification, or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Sweepstakes or receipt or use or misuse of any prize. You are responsible for updating your contact information with the sponsor as necessary to ensure proper administration of the Sweepstakes. No more than the stated number of prizes will be awarded.
8. DISPUTES
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A and resolved in New Jersey courts, without giving effect to any choice of law or conflict of law rules (whether of the New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. Except where prohibited, you hereby agree that any claims, disputes or actions of any kind shall be resolved individually, without resort to any form of class action and waive all rights to claim indirect, punitive, incidental, consequential damages and/or multipliers of damages and any other damages, other than for actual out-of-pocket expenses incurred as the result of participation in the Sweepstakes. The parties hereby agree to waive their respective rights to a jury trial of any claim or cause of action related to or arising out of the Sweepstakes. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the Sweepstakes, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law, regulatory and statutory claims. In the event of litigation, these Official Rules may be filed as written consent to a trial by court. If any part of these Official Rules is declared invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of these Official Rules.
9. PRIVACY POLICY
Entries are subject to Sponsor’s privacy policy accessed through the bottom of or otherwise posted and updated on Sponsor’s website. Participation in the Sweepstakes constitutes consent to Sponsor’s privacy policy and the terms and conditions set forth herein.
10. WINNER LIST AND RULES
For a winner list and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to BrainsWay at 300 Knickerbocker Rd. Cresskill, NJ 07626
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