Referral Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE MEMBER OF EVERNOW, AS OF THE TIME OF ENTRY, ARE AT LEAST 21 YEARS OLD. VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
SPONSOR. EVERNOW, 48 Market St. PMB 31758. San Francisco, CA 94104 (“Sponsor”).
The Evernow Referral Sweepstakes (the “Sweepstakes”) is open only to individuals who at the time of entry are (i) twenty one (21) years of age or older and (ii) a resident of the state of California. Void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law. Officers, directors, employees, representatives and agents of Sponsor and its corporate parents, subsidiaries, affiliates, including and members of their immediate families (i.e. spouses, parents, children, siblings, and “steps” of each) and all those persons living in the same household as such excluded individuals, whether or not related, are not eligible to enter or win the Sweepstakes. All applicable federal, state, and local laws and regulations apply.
By participating in the Sweepstakes, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of Sponsor in all matters relating to the Sweepstakes.
2. ENTRY PERIOD
The Sweepstakes begins on April 5, 2024 at 12:00 am pacific time and ends on April 19, 2023 at 11:59 pm pacific (“Entry Period”). Sponsor’s computer clock is the official timekeeping device of the Sweepstakes.
3. HOW TO ENTER
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE. LIMIT of 50 ENTRIES TOTAL.
The method of entry requires you to make a Qualifying Referral (as further described below). The second method of entry requires an online entry as explained below under the section entitled “Alternative Method of Entry.” Each person is limited to 50 entries over the entire Entry Period, regardless of whether it is Qualifying Referral entry or online entry.
Entrants must be the authorized account holder of the e-mail address used to enter the Sweepstakes. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a discrepancy between the identity of the authorized account holder and the entrant provisionally selected as a winner, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select a substitute Winner.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Sweepstakes. In the event of any disputes relating to any entries, Sponsor reserves the right to disqualify all entrants associated with the dispute.
Entry Method: Make a Qualifying Referral
To participate in the Sweepstakes by making a Qualifying Referral, you must complete all the following steps and all of the following conditions must be satisfied:
Go to the “Referral Link'' located at (i) in your account or (ii) download the Evernow mobile application (the “App”) and share the link and complete the requested information to refer to another individual who is not a current Evernow member (the “Eligible Individual”). In order to be awarded an entry for such referral, the Eligible Individual must open a link in the email you shared within the Entry Period, and at such time you will receive a “Qualifying Referral” entry. You will receive one entry per Qualifying Referral. Qualifying Referrals must be completed by the end of the Selection Time or Entry Period, as applicable, to receive entries into the Sweepstakes.
4. ODDS OF WINNING
The odds of winning depend on the number of eligible entries received.
5. SELECTION AND NOTIFICATION OF WINNERS
On or around 1:00pm pacific time of each day beginning April 19, 2023 until May 1, 2023 (“Selection Time”), Sponsor will randomly select one (1) winner from eligible entries received by Sponsor in the period commencing on the date of the first date of the Entry Period through the Selection Time; provided that the last drawing on May 1, 2023 shall include all entries received through the Entry Period. Sponsor or its affiliate will notify Winners via the phone number or registered e-mail address associated with the winner’s Evernow account, or the email address or phone number provided with the winning online entry, if applicable, within 24 hours of selection.
Winners are subject to verification of eligibility, including verification of age and residency and winning is contingent upon fulfilling all requirements of these Official Rules.
6. Electronic Communications
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Evernow and Evernow Medical may contact you by telephone, mail, or email to verify your Account information. Evernow and Evernow Medical may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
There will be 1 winner total. The winner will win (a) $500;
Sponsor has no responsibility for lost, stolen, misplaced or mutilated prizes, or any other occurrences beyond its control. No refund or compensation will be made in the event of the rescheduling, cancellation, or delay of any prize events. Sponsor has no responsibility for a Winner’s inability or failure to accept or use any part of the prize as described herein. If a Winner is disqualified and there is no time reasonably to select a substitute Winner, Sponsor reserves the right not to select a substitute Winner and to retain the related prize package. In case of prize forfeiture, no further compensation is due to Winner from Sponsor.
The prize is non-transferable and no cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. All prizes are subject to availability and if the prize or component of the prize package cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize (or any prize component) with one of comparable or greater retail value.
Each Winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize. All other costs and expenses associated with prize acceptance and use not specifically provided herein are also the responsibility of each Winner.
As a condition of receiving the prize, each Winner must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and release of liability/publicity rights. Any person traveling as guest of the Winner must also execute a liability and publicity release and any other documents Sponsor may require. The Winner will be issued an IRS Form 1099 in the amount of the actual retail value of the prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes. Noncompliance with this requirement will result in disqualification of the Winner and the forfeiture of all interest in a prize.
If a Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first winner notification message within 24 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to provide any information requested by Sponsor or execute any release or affidavit of eligibility required by Sponsor within 24 hours of receipt of initial notification regarding prize winning, the Winner will be disqualified and forfeit the prize in its entirety and, if time permits, Sponsor will randomly select a substitute Winner from the remaining eligible entries. If a Winner is disqualified and there is no time reasonably to select a substitute Winner, Sponsor reserves the right not to select a substitute Winner and to retain the related prize package.
8. SPONSOR’S RIGHT TO USE WINNER’S NAME, LIKENESS, VOICE, STATEMENTS, AND BIOGRAPHICAL INFORMATION
Except where prohibited by law, by accepting a prize in the Sweepstakes, each Winner grants the Sponsor and its affiliates, successors and assigns, and others that Sponsor may designate from time to time, the unconditional right, license and permission to use, publish, and broadcast Winner’s name, likeness, voice, statements, and biographical information worldwide, in any manner of media whatsoever now known or hereafter devised, in perpetuity, on a royalty-free basis, without further compensation or approval, to administer and promote the Sweepstakes and for any other commercial, promotional, advertising, publicity, trade, or other lawful purpose. Each Winner agrees to promptly execute and return to Sponsor any confirmation, license, verification or other document or instrument Sponsor requests to confirm, further formalize or perfect the rights granted in this paragraph, or any other rights or interests of Sponsor under these Official Rules.
9. LIMITATIONS OF LIABILITY OF SWEEPSTAKES PARTIES
The Sweepstakes Parties assume no liability and are not responsible for, and by entering the Sweepstakes you hereby waive and release the Sweepstakes Parties from, any and all actions, claims, damages, losses or injuries of any kind (collectively, “Claims”) arising in connection with the Sweepstakes and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmissions, Winner notifications, prize claims or other information or communications relating to the Sweepstakes, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, Winner notifications, or other announcements or communications relating to the Sweepstakes. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only the number of prizes stated in these Official Rules. In no event will more than the stated number of prizes be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Sweepstakes Parties.
10. SPONSOR’S RESERVATION OF RIGHTS
Without limitation to Sponsor’s rights to discontinue or modify the Sweepstakes for any reason, if the Sweepstakes is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Sweepstakes or any affected Sweepstakes drawing. All Sweepstakes materials are subject to verification and are void if (a) not obtained through legitimate channels in accordance with these Official Rules, (b) any part is counterfeited, altered, illegible, reproduced, tampered with or otherwise irregular, (c) obtained where prohibited, or (d) they contain printing, typographical, mechanical or other errors.
11. GOVERNING LAW
THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE RELATING TO THE SWEEPSTAKES SHALL BE IN SAN FRANCISCO, CA.
13. NO WAIVER/SEVERABILITY/RIGHT TO MODIFY OR DISCONTINUE SWEEPSTAKES
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Sponsor reserves the right to modify or discontinue the Sweepstakes and update these Official Rules at any time