NO PURCHASE NECESSARY TO ENTER OR WIN
Open only to Legal United States Residents who are current employees or owner(s) at Senior Living Communities having a signed, active (non-expired/non-terminated), and eligible senior living referral contract within Caring.com’s Referral Network, for a “small business account” (having 5 or fewer communities listed in Caring.com’s senior living directory).
Void in Rhode Island, Puerto Rico and Where Prohibited by Law
PRIZES: Subject to the provisions of these Official Rules, during the Promotion Period (as defined below) of the Monthly Move-In Reporting Promotion for Small Business Accounts (the “Promotion”), Caring, Inc. (“Caring”) will award one $500 VISA gift card (“Prize”) to a winner each month (each a “Winner”). The Winner will be an employee at a senior living community who enters the drawing by reporting to Caring.com (via the promotion’s emails) a valid move-in from a referral Caring.com made to that small business account/community within Caring.com’s referral network. The total value of the Prize is $500 U.S. dollars.
PROMOTION PERIOD: The Promotion begins at 12:01 a.m. Pacific Time on April 1, 2018, and ends at 11:59 p.m. Pacific time on April 11, 2018 (the “Promotion Period”). This is the standard move-in reporting period for Small Business Accounts for move-ins occurring in March 2018 or prior.
HOW TO ENTER: Subject to the “Conditions of Entry” set forth below, each potential entrant will be sent e-mail notification(s) from Caring.com, which will include a list of recent prospective resident referrals made by Caring.com to the senior living community at which they are an employee or owner. The email notification(s) will also include the opportunity and ability for the entrant to report any other move-ins from Caring.com referrals made to the community that are not listed in the email notification(s) and were not previously reported or flagged as a duplicate lead and not yet already reported and/or processed as a valid move-in. For those Small Business Accounts who are randomly chosen to receive the promotion emails: Reporting a valid move-in through the Move-In Reporting emailed notification(s) and/or via Caring.com’s Partner Portal (which is linked to the move-in reporting emails) will constitute an entry in the Promotion. A move-in is valid (“Valid Move-In”) when a Caring.com-referred consumer signs a lease with one of the communities recommended by Caring.com for a referral that wasn’t previously flagged by the senior living community as a duplicate or invalid lead, and the Small Business Account is invoiced by Caring.com.
CONDITIONS OF ENTRY: No purchase is necessary to enter the Promotion or to win any Prize. The Promotion is open only to persons on a Small Business referral account with Caring.com whom (a) receive email(s) from Caring inviting such persons to report a Valid Move-In via the Move-In Promotion, (b) are legal United States residents (except for residents of Rhode Island, Puerto Rico or any other jurisdiction in which any such natural person would be prohibited by law from entering the Promotion), (c) are eighteen (18) years of age or older or have reached the age required by their state or territory of residence to be reached in order to enter a sweepstakes, if such age is greater than eighteen (18) years of age and (d) have agreed to be bound by these Official Rules. Employees and/or agents of Caring (and/or its affiliates, subsidiaries and/or divisions), former employees or former owners of a senior living community having a Small Business Referral Account with Caring.com, and the respective immediate families of employees and other persons referenced in the foregoing in this paragraph, including, without limitation, household members of such persons, are not eligible to participate in the Promotion. Caring reserves the right to verify eligibility qualifications of each Winner.
Any use of robotic, mechanical, automatic, programmed or like methods of participation in the Promotion will void each entry made by such methods. Each person may enter the Promotion only once for each Valid Move-In. In the event that a person attempts to submit multiple entries for a specific Valid Move-In, only one entry will be accepted for that entrant and the remainder of that person’s entries will be deemed void. Caring will not verify receipt of entries. Any attempted form of entry into the Promotion other than as described in these Official Rules, and any incomplete entry, is void. Entries that are in violation of these Official Rules will be disqualified. Should Caring suspect or determine actual or attempted (x) fraud, tampering, or impairment or disruption of the administration, security, fairness or proper play of the Promotion or (y) violation of these Official Rules, Caring reserves the right, in its sole discretion, to void any and all entries of an entrant, or suspend or prohibit the participation of any person, who Caring determines, in its sole discretion, is responsible or otherwise involved with such acts.
ANY ATTEMPT BY ANY PERSON(S) OR ENTITY(IES) TO DELIBERATELY DAMAGE ANY WEB SITE AND/OR WEB PAGE (INCLUDING, WITHOUT LIMITATION, THE PROMOTION WEB PAGE, AND/OR DAMAGE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. CARING RESERVES THE RIGHT, SHOULD ANY SUCH AN ATTEMPT BE MADE, TO COOPERATE IN THE PROSECUTION OF ANY SUCH PERSON(S) OR ENTITY(IES) AND/OR TO SEEK DAMAGES FROM ANY SUCH PERSON(S) OR ENTITY(IES) TO THE FULLEST EXTENT OF THE LAW.
ODDS OF WINNING: Odds of winning will vary depending on the number of eligible entries received.
CONSENT TO PUBLICITY AND USE: Except where prohibited by law, each entrant, by acceptance of a Prize, grants Publicity Rights to Caring and its subsidiaries, affiliates and assigns. As used in the immediately foregoing sentence, “Publicity Rights” means, with respect to each entrant, the absolute and worldwide right, license and permission and consent to use, for any promotional and/or publicity purposes and in any manner or media whatsoever (including, without limitation, on any Web site maintained by Caring and/or any of its subsidiaries and/or affiliates), that entrant’s name, voice, photograph, biographical information (including, without limitation, hometown and state), email address and/or likeness, as well as use of the senior living community’s name and their Caring.com directory listing link(s) in the publicity materials.
SELECTION AND NOTIFICATION OF THE WINNERS: Subject to these Official Rules, a Winner will be randomly selected within ten (10) days after the close of the Promotion Period from the available pool of entries submitted.
For the avoidance of doubt, in order for an entrant to be a Winner, such entrant’s entry must be submitted in accordance with these Official Rules, including, without limitation, the “How to Enter” section of these Official Rules. Each of the Winners will receive a Prize.
On or about forty-eight (48) hours after the determination of the Winner, the Winner will be notified by email or telephone. The Winner must claim the Prize within ten (10) business days after the date of Caring’s first notification attempt, which shall be, with respect to each Winner, the first date notification is sent to such Winner, if such Winner is contacted by email, or the first date a call is placed to such Winner, if such Winner is contacted by telephone. Each Winner must claim such Winner’s Prize in the manner indicated in Caring’s notification of such Winner. For the avoidance of doubt, each Winner must continue to comply with these Official Rules. If any Winner fails to claim its Prize within such ten (10) business day period of time, is found to be ineligible, fails to comply with these Official Rules or fails to meet the requirements of these Official Rules, such Winner will be disqualified and an alternate Winner, selected randomly from the remaining pool of eligible entries, will be selected in place of such Winner and contacted by Caring. Caring’s decisions with respect to each Winner and other matters pertaining to this Promotion shall be final.
REQUIREMENTS OF THE WINNERS: Each Winner will be required to sign an Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use (an “Affidavit”) and provide a completed and signed IRS Form W-9 as a part of determining that Winner’s eligibility to win his or her Prize and prior to, and as a condition of, that Winner’s acceptance and use of his or her Prize. If a Winner’s Affidavit and all other documents required by Caring, in its sole discretion, are not completed as specified, are not received by Caring within ten (10) business days of notification, or, after Caring’s receipt of the Affidavit from that Winner, that Winner is found to be an ineligible entrant, that Winner’s entry will be disqualified and an alternative potential Winner will be selected at random.
TO RECEIVE WINNERS’ NAMES OR OFFICIAL RULES: To request the names of the Winners or a copy of these Official Rules, mail your request, along with a self-addressed stamped envelope (residents of Washington State and Vermont need not include postage) to: Move-In Reporting Promotion for Small Business Accounts, c/o Caring, Inc., Attention: Marketing or Client Services, 2600 South El Camino Real, Ste. 300, San Mateo, CA 94403. Please specify whether you are requesting the names of Winner(s) or a copy of these Official Rules. Requests for the name(s) of the Winners must be received by Caring at the address above from the tenth (10th) business day following the end of the Promotion Period through the twentieth (20th) business day following the end of the Promotion Period. Requests for a copy of these Official Rules received more than ninety (90) days after the end of the Promotion Period will not be honored.
SPONSOR: Caring is the sponsor of the Promotion.
GENERAL CONDITIONS: Florida law governs the Promotion. Void where prohibited. Caring reserves the right to cancel or modify the Promotion if fraud, misconduct or technical failure, or any other factor beyond Caring’s reasonable control impairs the integrity of the Promotion, as determined by Caring in its sole discretion, or if a computer virus, bug or other technical problem corrupts the administration or security of the Promotion, as determined by Caring in its sole discretion. In the event that Caring cancels or modifies the Promotion, Caring will post to the Promotion Web Page notice that the Promotion has been cancelled or modified. In such event, Caring reserves the right to award the Prizes at random from among any eligible entries received up to the time of the impairment or in any other method selected by Caring, in its sole discretion. Caring reserves the right in, its sole discretion, to change the dates of the Promotion Period, with or without notice, in the event of technical failure, or for any other reason.
EACH WINNER IS SUBJECT TO VERIFICATION BY CARING. CARING’S DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Any attempt by any person (including any natural person or any entity) to deliberately damage or undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil laws. Caring’s failure to enforce any term of these Official Rules shall not constitute a waiver of Caring’s ability to enforce its rights. Any taxes due on a Prize won will be the sole responsibility of the Winner of that Prize. Each Prize is non-transferable, except in accordance with the laws of descent and distribution, and may not be substituted or redeemed for cash, except by Caring, which reserves the right, in its sole discretion, to substitute each Prize with another prize of comparable or greater value. Neither Caring nor any subsidiary or affiliate of Caring will enter into correspondence, including email, regarding the Promotion. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision of these Official Rules. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Official Rules. Expenses not specifically stated as part of a Prize and all expenses not specifically identified as being included in a Prize, are the sole responsibility of the Winner of that Prize. All taxes, fees and surcharges related to a Prize, if any, are the sole responsibility of the Winner of that Prize. No Prize shall be used in connection with any other promotion or offer.
DISPUTES: Each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with the Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or Florida state courts of record in Palm Beach County, Florida, (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event shall such costs include attorneys’ fees and (c) under no circumstances will an entrant be permitted to obtain awards for, and, by entering the Promotion, entrant waives all rights to claim, punitive, indirect, special, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses described in subsection (b), above) and any and all rights to have damages multiplied or otherwise increased.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and/or the rights and obligations of the entrant and Caring in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. All Florida state and local laws and regulations apply.
INDEMNIFICATION AND RELEASE: Each entrant agrees to defend, indemnify and hold Caring, any recommended community and their respective subsidiaries, affiliates and divisions and their respective representatives, attorneys, assigns, agents and licensees and their respective affiliates, equity holders, officers, directors, managers, agents, co-branders, associated marketing firms, advertisers and sponsors or other partners and any of their employees (each, including, without limitation Caring and any recommended community, a “Released and Indemnified Party,” and collectively, including, without limitation, Caring and any recommended community, the “Released and Indemnified Parties”), harmless from and against any and all rights, demands, losses, injuries, liabilities, damages, claims, causes of action, actions and suits of any kind whatsoever (whether at law or in equity), fees, costs and attorneys’ fees (including appellate level) whatsoever (each, a “Claim,” collectively, “Claims”), brought or asserted by any party against any of the Released and Indemnified Parties arising out of or in connection, directly or indirectly, with the entrant’s entry in the Promotion, participation in the Promotion, the Promotion, any Prize and/or use or misuse of any Prize and/or the entrant’s submission to Caring and/or to any third party.
BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO RELEASE, DISCHARGE AND HOLD HARMLESS EACH RELEASED AND INDEMNIFIED PARTY FROM AND AGAINST ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH, INDIRECTLY OR DIRECTLY: (A) ENTRY OR PARTICIPATION IN THE PROMOTION AND/OR (B) ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE.
LIMITATIONS OF LIABILITY: Caring is not responsible for: (a) electronic, human, United States Postal Service, equipment programming or other error, omission, interruption, defect or delay which may occur in the administration of the Promotion or the processing of any entry, any Prize, in the Official Rules, or in any other materials related to the Promotion, (b) technical failures of any kind, including but not limited to, the malfunctioning of any electronic equipment, computer, Internet, Web site, network, hardware or software, or a computer virus, bug or other technical problem, (c) unauthorized human intervention in any part of the entry process or the Promotion, (d) any entrant’s conduct in connection with the Promotion, (e) any printing, typographical, technical errors in any materials associated with the Promotion or any Prize, (f) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels, or (g) any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an entrant’s entry or participation in the Promotion or use or misuse of any Prize.
https://www.caring.com/about/privacy. Information collected from entrants is subject to such Privacy
Last updated: Monday, March 26, 2018
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