Official Sweepstakes Rules
NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED.
CONSUMER DISCLOSURE: You have not yet won.
By entering this Sweepstakes (as defined below), participants accept and agree to be bound by these Official Rules. Any violation of these rules may, at [Brookdale]’s discretion, result in disqualification. All decisions of [Brookdale] regarding this Sweepstakes are final and binding in all respects.
1. ENTRY PERIOD: [Grandparents’ Day Giveaway] (this “Sweepstakes”) begins at [12:00:01 AM Central Time (“CT”)] on [8/1/2022] and ends at [11:59:59 PM CT] on [8/28/2022] (the “Sweepstakes Period”).
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of [the 50 United States and the District of Columbia (specifically excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) and all provinces of Canada (excluding Quebec)] (collectively, the “Eligibility Area”) who are 18 years of age or older, and are the age of majority in their state of residence at the time of entry, and currently reside in (and are physically located in) the Eligibility Area at the time of entry (“Participants”). Participants who are not yet at the age of majority in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to enter. Only individuals may enter; no entry from any corporation or other entity shall be accepted. This Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, directors, agents and suppliers of [Brookdale Senior Living Inc.] (“[Brookdale]”) and their affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent, grandparent, step-parent, step-children and step-siblings) and those living in their same households are ineligible to participate in this Sweepstakes. By participating in this Sweepstakes, each Participant, (a) accepts the terms and conditions stated in these Official Rules, (b) agrees to be bound by these Official Rules and by the decisions of [Brookdale], which are final and binding in all respects, (c) warrants that he/she is eligible to participate in this Sweepstakes, and (d) agrees to receive additional marketing communications from [Brookdale], which Participant may opt-out of at any time.
3. HOW TO ENTER: No purchase necessary to enter or win. There are two ways to enter. [You may enter the Promotion by following the instructions posted on Brookdale’s Instagram account (@brookdaleliving), which includes following @brookdaleliving on Instagram and posting a photo on Instagram of your grandparent(s) or grandparent figure(s) that includes tagging @brookdaleliving in the caption and using the hashtag #BKDMemories. and submit all required registration information (including your name, a valid email address, mailing address, and phone number) in order to receive an entry into this Sweepstakes (“Entry”). Or, [you may enter by printing your complete name, mailing address, daytime telephone number and date of birth and mailing the card to: [111 Westwood Place, Suite 400, Nashville, Tennessee, 37027]. To be eligible as a Participant in this Sweepstakes, Entries must be received by 11:59:59 PM CT on [8/28/2022]. All Entry information must be complete to qualify. No changes to any Entry, Entry materials or information are permitted once submitted. All Entries become the property of [Brookdale] and will not be acknowledged or returned. LIMIT ONE ENTRY PER PERSON. Entries received by [Brookdale] after the end of the Sweepstakes Period will be discarded and deemed VOID. In the event of a dispute regarding the identity of a Participant, the Entry will be deemed submitted by the natural person who is the registered holder of the email account at the time of Entry, used to enter the Sweepstakes. Each potential winner may be required, at [Brookdale]’s sole discretion, to show proof of being the registered holder of a particular email account as a condition to receiving the prize award. Proof of entering this Sweepstakes online will not be deemed to constitute proof of receipt by [Brookdale] of Entry. [Brookdale] shall not be responsible for technical failures in Entry transmission. Potential winners will be chosen by random drawing on or about [8/29/2022], will be notified by UPS overnight delivery, e-mail, phone and/or Instagram direct message on or about [8/30/2022] and will be announced on or about [9/11/2022]. The prize award is subject to verification.
4. ODDS OF WINNING: Odds of winning are determined by and depend upon the total number of eligible entries received. A purchase will not improve your chances of winning. The odds of winning the prize will be the same regardless of method used to enter.
5. PRIZES: Subject to Sections 7 and 8 below, the prizes will be awarded. [Three (3) [ Prize Winners] will receive [a voucher, to be redeemed by winners, for one (1) Legacybox each] The prize is not redeemable for cash. The Approximate Retail Value of the [Legacybox] is [$300 USD]. [All three (3) winners will receive a Legacybox, valued at $300 MSRP each.] All prize details are at [Brookdale]’s sole discretion. [Brookdale] will determine all features of prize.
[BROOKDALE] EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRIZES AWARDED. [BROOKDALE] SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO A WINNER OR POTENTIAL WINNER WHO IS UNABLE OR UNAVAILABLE TO ACCEPT OR UTILIZE ANY PRIZE, IN WHOLE OR IN PART, AS DESCRIBED HEREIN.
PRIZE CONDITIONS & RESTRICTIONS: Prizes are a digital voucher that will be sent to the winners to redeem for their Legacybox. Vouchers must be redeemed by January 1, 2023, per Legacybox’s policy Each winner will be solely responsible for all federal, state and local taxes, fees and for all costs and expenses associated with acceptance, taking delivery of and/or use of all elements of a prize, in whole or in part, not specified herein, including but not limited to all taxes, fees, insurance, shipping costs and/or any other expenses associated with acceptance and/or taking delivery of a prize.
By accepting a prize, each winner waives (a) the right to assert, as a cost of winning said prize, any and all costs of redemption, travel to redeem said prize, or shipping costs; and (b) any and all liability that might arise from redeeming, seeking or using said prize. By accepting a prize, each winner accepts sole responsibility for titling, registering and insuring the prize. Potential winners are solely and exclusively responsible for any and all costs of redemption, shipping, delivery and/or insurance costs associated with taking possession of a prize. In the event that the potential winner is unable (for any reason) or chooses not to take delivery of a prize in accordance with these Official Rules, [BROOKDALE] reserves the right not to award said prize.
POTENTIAL WINNERS SHOULD CONSULT WITH THEIR TAX ADVISORS REGARDING PRIZE AND APPLICABLE TAXES. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT EACH WINNER WILL BE SOLELY RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES AND FEES ASSOCIATED WITH ACCEPTANCE OF THE PRIZE AND WILL BE ISSUED AN IRS FORM 1099 FOR THE VALUE OF THE PRIZE.
The prizes are not transferable or exchangeable for cash, in whole or in part; however, [Brookdale] reserves the right to substitute a prize of comparable or greater value due to unavailability. No substitution or transfer of any prize by a winner is permitted. Except where prohibited by law, acceptance of a prize constitutes permission for [Brookdale] to use winner’s name, hometown, likeness, statements and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review.
6. PRIZE AWARDING; WINNER ANNOUNCEMENT: Each potential winner and prize award is subject to verification and will be awarded only upon validation and verification by [Brookdale]. The potential prize winners will be chosen by random drawing on or about [8/29/2022] and notified on or about [8/30/2022] from all eligible Entries received. Potential winners will be notified by [Brookdale] by UPS overnight delivery, e-mail, by phone and/or Instagram direct message . No substitution, transfer, or assignment of the prizes will be permitted, except that [Brookdale] reserves the right, in its sole discretion, to substitute the prize with either the cash value of the prize that would have been awarded, or a prize of equal or greater value. No prize may be combined with any other offer. If a potential prize winner does not respond by email to notice by [Brookdale] within three (3) calendar days of being notified by any method specified above, the potential winner is ineligible. In addition, if a prize notification is returned as undeliverable, or a potential prize winner is ineligible for any reason whatsoever, fails to complete and return any required documents within the required timeframe as described in Section 7, or fails to claim and/or accept delivery of the prize, the prize will be forfeited and an alternate potential winner may be selected by random drawing from among the remaining eligible Entries using the criteria set forth herein.
7. WINNER VERIFICATION: Each potential winner must prove eligibility, including without limitation, age and residence, by signing and returning to [Brookdale] (or its designated agent) an Affidavit of Eligibility (including his/her Social Security Number and/or U.S. personal tax identification number for tax reporting purposes) and, except where prohibited by law, a Publicity Release within five (5) calendar days of notification, or the potential winner is disqualified and forfeits the prize, and an alternate potential winner may be chosen by random drawing from among the remaining eligible Entries. Each potential winner agrees, as allowed by law, to allow [Brookdale] and its designees to conduct a background check and the right to use the potential winner’s name, hometown, likenesses, biographical information and prize information for advertising, promotion, and publicity purposes worldwide in perpetuity in all media, now or hereafter known, without additional compensation. Each potential winner will be required to submit to a background check before being deemed eligible to receive a prize. [Brookdale] reserves the right to disqualify any individual whose background check reveals information that is inconsistent with the positive image and goodwill with which [Brookdale] wishes to associate (which shall be determined by [Brookdale] in its sole discretion). Each potential winner must fulfill all the terms of these Official Rules as a condition to being awarded the prize. [Brookdale] expressly reserves the right to delay the announcement of the winners for technical reasons or for any other reason [Brookdale] deems necessary.
EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY [BROOKDALE]. A PARTICIPANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED BY [BROOKDALE] THAT ELIGIBILITY VERIFICATION IS COMPLETE.
8. DISQUALIFICATION; DISCLAIMERS: Any software-generated, robotic, programmed, script, macro or other automated online entries or methods is strictly prohibited and will result in disqualification of all such entries. [Brookdale] reserves the right in its sole discretion to disqualify any person it finds: (a) to have tampered with the entry process or the operation of this Sweepstakes; (b) to be acting in violation of these Official Rules; or (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. If so disqualified, [Brookdale] reserves the right to terminate the person’s eligibility to participate in this and future promotions and sweepstakes offered by [Brookdale]. [Brookdale] reserves the right to request proof of any eligibility requirements in a form acceptable to [Brookdale] from a Participant at any time. Failure to provide such proof, if requested, may result in Participant’s disqualification, at [Brookdale]’s sole discretion. Any false information provided by any person concerning his/her identity or mailing address or any non-compliance by a Participant with these Officials Rules may result in the immediate disqualification of the Participant from the Sweepstakes. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, [Brookdale] RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
[Brookdale] is not responsible for: (i) any typographical or other errors in the printing of the offer, these Official Rules, or any related advertisements or promotional materials; (ii) errors, whether human, mechanical or electronic, in the administration of the Sweepstakes or the announcement of the prizes or potential prize winners; (iii) late, lost, illegible, incomplete, stolen, deleted, or misdirected entries due to any reason; or (iv) other error of any kind, whether human, mechanical or electronic. [Brookdale] does not assume any responsibility or liability for incorrect or inaccurate entry information, whether caused by a Participant or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. [Brookdale] is not responsible or liable for any problems, incompatibility or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, including without limitation, any injury or damage to any Participant’s or any other person's computer related to or resulting from participation in this Sweepstakes. Participants acknowledge that [Brookdale] has not made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to this Sweepstakes or the prizes, in whole or in part.
In the event any portion of this Sweepstakes is not capable of running as planned, including without limitation, due to infection by computer virus, bugs, non-authorized human intervention, fraud, technical failures, force majeure, insufficient qualified Entries or winners, or any other causes beyond the control of [Brookdale] which, in the sole opinion of [Brookdale], corrupt, impair or affect the administration, security, fairness, integrity or proper play of this Sweepstakes, [Brookdale] reserves the right in its sole discretion to cancel, suspend, modify or terminate this Sweepstakes. Should this Sweepstakes be terminated prior to the stated expiration date of the Sweepstakes Period, notice will be posted at [https://www.brookdale.com/en/privacy-policy/social-giveaway-rules.html], and the prizes will be awarded to potential winners selected by random drawing from among the eligible Entries submitted up until the time of termination. In no event will more prizes be awarded than as listed above.
9. RELEASE; LIMITATION OF LIABILITY: By participating in this Sweepstakes, each Participant releases [Brookdale] and Instagram and their respective officers, directors, employees, affiliates, subsidiaries, marketing partners, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors (“Released Parties”) from any and all liabilities, claims and actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property which may be sustained in connection with the receipt, ownership, possession, use or misuse of a prize, or arising out of participation in this Sweepstakes, or while preparing for, participating in, and/or traveling to and from taking delivery or possession of a prize or any prize-related activity, and each Participant agrees to indemnify and hold such Released Parties from the same. The Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery, possession and/or subsequent use or misuse of any prize awarded. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THIS SWEEPSTAKES OR ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. IN NO EVENT SHALL [BROOKDALE]’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS SWEEPSTAKES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
10. GOVERNING LAW; DISPUTE RESOLUTION: This Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and [Brookdale] in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to the conflict of laws, rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in this Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the courts of Nashville, Tennessee. Each Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of these courts. Any and all lawsuits or other disputes that arise relating to this Sweepstakes must be filed within one (1) year from the date that the winners are selected. Except where prohibited, as a condition of participating in this Sweepstakes, Participants agree that any and all disputes which cannot be resolved between or among the parties, and any claims and causes of action arising out of or connected with this Sweepstakes, any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action. Participants waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be determined exclusively by confidential and binding arbitration in accordance with the expedited rules of Judicial Arbitration and Mediation Services (“JAMS”) before a single arbitrator. Such arbitration shall be conducted in Nashville, Tennessee. The award of such arbitration shall be confidential, final, binding and non-appealable, except to the extent provided for in the rules of JAMS, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
11. NO WAIVER; SEVERABILITY: The failure of [Brookdale] to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.
12. RULES REQUEST; WINNER’S NAME: For a copy of these Official Rules or for the name of the winner, please send a stamped, self-addressed envelope to [Brookdale Senior Living Inc.], Attn: “[Grandparents’ Day Giveaway]”, [111 Westwood Place, Suite 400, Nashville, Tennessee, 37027]. Residents of WA and VT may omit return postage.
13. SPONSOR/ADMINISTRATOR: The sponsor and administrator of this Sweepstakes is [Brookdale Senior Living Inc.], [111 Westwood Place, Suite 400, Nashville, Tennessee, 37027].