Gándara Center 8th Annual Frozen Yogurt Virtual 5k Virtual Door Prize(s)
OFFICIAL RULES

VOID WHERE PROHIBITED.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. PLEASE READ THESE OFFICIAL RULES CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. YOUR PARTICIPATION IN THE GIVEAWAY IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS, DO NOT ENTER THE GIVEAWAY.

THIS VIRTUAL DOOR PRIZE(S) IS OFFERED ONLY IN THE FIFTY (50) STATES OF THE UNITED STATES (“U.S.”) THE DISTRICT OF COLUMBIA (“D.C.”) AND PUERTO RICO, AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF JULY 1, 2021 AND A PERMANENT LEGAL RESIDENT OF ONE (1) OF THE FIFTY (50) STATES OF THE U.S. OR D.C. OR PUERTO RICO. THIS GIVEAWAY SHALL BE CONSTRUED AND GOVERNED ACCORDING TO THE LAWS OF THE U.S.

PARTICIPATION IN THE GIVEAWAY DOES NOT INVOLVE WAGERING OR GAMBLING OF ANY KIND.

1. Eligibility: The Gándara Center 7th Annual Frozen Yogurt Virtual 5k Virtual Door Prize (“giveaway”) is open only to Entrants (defined below) who are as of July 1, 2021: (i) permanent legal residents of the fifty (50) states of the U.S. or D.C. and Puerto Rico (excluding Guam and all other U.S. territories and possessions), and (ii) who are currently physically located and residing therein, and (iii) who are eighteen (18) years of age or older. Entrants must have either a valid Social Security number or a valid U.S. Individual Tax Identification Number.

2. Virtual Door Prize Description: This Giveaway begins at 9:00:00 a.m. Eastern Standard Time (“EST”) on March 1, 2021 and ends at 11:59:59 p.m. EST on July 31, 2021 (“Giveaway Period”). The Giveaway consists of a promotion in which potential Entrants (as defined below) can enter the Sweepstakes by registering on https://racewire.com/register.php?id=12154&topic=0#event_info (the “Website”) and choosing a Registration/Donation option. The Giveaway has available one (1) grand prize consisting of either an Apple iWatch or FitBit Versa Smart Watch (the Grand Prize winner will choose one (1)) as outlined in Section 5 (“Prize”). Other prizes include: $25 Big Y Gift Card (sponsor donation by Big Y), a voucher for an Executive Experience Foursome to the Crumpin-Fox Club (sponsor donation by Hub International). 

3. How to Enter: To enter the Giveaway, access the Website during the Giveaway Period and click on the Register icon to access the Participant/Registration page (each person who registers is an “Entrant). Fill out contact information (name, address, phone number, date of birth, email address) complete registration and name of Entrant will be placed into a random drawing.

4. Entrants will receive one (1) entry into the Sweepstakes provided they have completed registration for Gándara Center’s 7th Annual Frozen Yogurt Virtual 5K.

All Entrant/Participant Registration information must be completed in full, must be accurate and must be valid. The Giveaway Registration information must match the information of the Entrant that completed the act of physically registering and participating in the Giveaway. If a registrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to registering or submitting any personally identifiable information. If an Entrant’s contact information changes after he/she submitted his/her Sweepstakes Registration, it his/her responsibility to contact the Sponsor (by U.S. mail at the address stated in Section 9 below) and provide his/her new Sweepstakes Registration information (to be received by July 30, 2020). Any attempt by an Entrant to participate in this Sweepstakes other than as described herein by using multiple/different email addresses, identities, registrations, logins or any other methods including, but not limited to, commercial contest/giveaway subscription notification and/or entering services, will void that Entrant’s Giveaway Entry and that Entrant will be disqualified. Proof of delivery or receipt of a Giveaway Entry will not be deemed by Sponsor as proof of entry. Final eligibility for the award of the prize is subject to eligibility verification as set forth below. The Website may not be accessible from all mobile phones, handheld devices and/or tablets. If an Entrant experiences any issues entering, he/she should access the Website from a desktop or laptop computer. Please use care and do not drive while entering the Giveaway.

1. Drawing and Notification of Potential Winners: For the Giveaway, one (1) potential prize winner will be randomly selected from among all eligible Participant Entries received in a drawing. The drawing will be conducted by the Sweepstakes Administrator, at 147 Norman Street, West Springfield, MA on or about August 1, 2020 at Noon (EST). The potential prize winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) will be notified by email within two (2) weeks of being selected in the drawing. If a potential prize winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, such potential prize winner will be disqualified, and an alternate potential prize winner may be selected in Sponsor’s sole discretion.

2. Prize/Odds of Winning. One (1) Grand Prize: The Grand Prize winner will receive their choice of one (1) of the following: (1) Apple iWatch or (1) Fitbit Versa Smart Watch from Gándara Center via Amazon. Approximate retail value (“ARV”): $229.95 USD. Other prizes include: one (1) Voucher for an Executive Experience Foursome to the Crumpin-Fox Club (ARV: $440.00), and a $25 Big Y Gift Card.

3. Odds of winning the Prize depend upon the total number of eligible Giveaway Entries received. Additional compensation will not be provided if value of Giveaway Prize is less than stated ARV. Sponsor reserves the right to award giveaway prize “as is” in its sole discretion. No cash equivalent for the Prize will be available. Prize is not transferable. However, Sponsor may, in its sole discretion, choose to substitute a Prize (or Prize component) of equal or greater value to due to unavailability or for any other reason. All applicable federal, state, provincial, and local taxes on the Prize are the sole responsibility of the Prize winner (including but not limited to income taxes or U.S. withholding taxes, if applicable). The Prize winner will be solely responsible for all taxes on the Prize and he/she will receive an IRS Form 1099-MISC (or other tax documents, if applicable) from the Sponsor for the calendar year the prize was won for the total ARV of the Prize won as stated herein. As applicable, Prize and/or Prize notification will only be shipped to street addresses in the U.S. or D.C. or Puerto Rico or Canada.

4. General Conditions: This Giveaway is governed by these Official Rules and all federal, state, provincial, and local laws and regulations. The potential Prize winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) will be required to sign, execute, have notarized, and return an original, unmodified Affidavit of Eligibility, a Liability Release (releasing the Giveaway Entities), a Publicity Release (where lawful), and any other documentation that the Sweepstakes Administrator and/or Sponsor may require (collectively “Affidavit/Release”), within five (5) days after receipt or such potential Prize winner may be disqualified, and an alternate potential Prize winner may be selected. If the Prize winner is a resident of a jurisdiction that deems him/her to be a minor, such prize winner’s prize may be awarded in the name of his/her parent/legal guardian. The winner attests to the provisions stated therein including compliance with these Official Rules. Additionally, by accepting the Prize and participating in any scheduled physical activity winner acknowledges there is inherent risk associated with said physical activity. Furthermore, by accepting the Prize, the winner represents and warrants that he/she has consulted with his/her primary health care provider and each is in both good physical condition and also good mental health to partake in any of the scheduled physical activities that are part of the Prize. Once submitted, Sweepstakes Registration information becomes the sole property of Sponsor and will only be used to the extent described herein. Notwithstanding anything to the contrary in Sponsor’s privacy policy except where prohibited by law, submission by an Entrant of his/her Giveaway Registration information and/or the Prize winner’s acceptance of the Prize constitutes permission of such Entrant or Prize winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) for Sponsor to use, without notice or further compensation, worldwide, in any and all forms of media, now known and hereafter devised, including, without limitation, on the Website, Prize winner’s first name and initial of last name, city and state for Prize fulfillment and possible winner announcement. Additionally, by opting in to specific offers from any of the Giveaway Entities, Participant Registration information will be subject to their respective privacy policies and terms of service and Entrant agrees to receive email and possibly mail communication from those companies regarding company news and promotions. Opting in to specific offers does not improve one’s chances of winning. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the registration process or the operation of the Giveaway or any web page related to the Giveaway; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner; or with intent to annoy, abuse, threaten or harass any other person in connection with the Giveaway. Any person attempting to defraud or in any way tamper with this Giveaway will be ineligible to win the Prize(s) and will be prosecuted to the full extent of the law. If, for any reason, the Giveaway is not capable of running as originally planned, Sponsor, in its sole discretion, reserves the right to cancel, suspend or modify the Giveaway or any portion(s) thereof; and, in its sole discretion, Sponsor may conduct the Giveaway drawing and award Prize(s) in a manner that is fair, consistent, and in accordance with the spirit of the Giveaway. Notice of such action will be posted on the Website. In case of a dispute over the identity of an Entrant who enters online who is a potential Prize winner, the authorized account holder of the email address associated with such Participant Registration may be deemed, in Sponsor’s sole discretion, the Entrant. Said authorized account holder must comply with these Official Rules and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.

5. Disclaimers: The Giveaway Entities are not responsible or liable for, and will deem ineligible, Sweepstakes Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device) or by someone other than the Entrant whose information is submitted to receive a Participant Entry, or for Sweepstakes Entries that are illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, mutilated, postage-due, mechanically duplicated and mass machine printed, tampered with, incomplete, deleted, damaged, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules. By entering this Giveaway, each Entrant acknowledges and agrees to be bound by the Official Rules as well as the decisions of the Giveaway Administrator, which are final and binding in all respects, agrees to waive any rights to claim ambiguity with the Official Rules, and agrees that Giveaway Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with participation in this Giveaway; including, but not limited to, typographical errors in Sweepstakes promotional material; human error; incorrect or inaccurate transcription of Participant Registration information; acceptance/possession and/or use/misuse of the Prize awarded herein; including, but not limited to, any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access the Registration, any web page associated with the Giveaway (or Sponsor’s/Giveaway Administrator’s inability to access Registration content), or any online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an Entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Giveaway or from entering or downloading materials/software in connection with the Giveaway; any lost/delayed/duplicate/multiple data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of one (1) of the Giveaway Entities. Entrants further agree to indemnify and hold harmless the Giveaway Entities from any and all liability resulting or arising from the Giveaway due to their negligence or willful misconduct, to release all rights to bring any claim, action or proceeding against the Giveaway Entities, and hereby acknowledge that said Giveaway Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize. Giveaway Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of the Prize supplier or any of its agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

6. ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO (I) THE SWEEPSTAKES, (II) THE AWARDING OR REDEMPTION OF ANY PRIZE AND/OR (III) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE OFFICIAL RULES OR THEIR ENFORCEMENT OR INTERPRETATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE U.S. STATE OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. BY SUBMITTING A REGISTRATION, EACH ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN IF THE ENTRANT IS A MINOR IN THE JURISDICTION HE/SHE RESIDES) AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN HAMPDEN COUNTY, MASSACHUSETTS U.S. BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH U.S. MASSACHUSETTS CODE OF CIVIL PROCEDURE. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES WITH THE AGREEMENT OF THE PARTIES’ ADR SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY THE ARBITRATION SERVICE. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE CURRENTLY UNENFORCEABLE UNDER MASSACHUSETTS LAW BUT MUTUALLY INTEND FOR THIS SECTION TO APPLY IN THE EVENT SUCH PROVISIONS LATER BECOME ENFORCEABLE UNDER MASSACHUSETTS LAW.

THE INTERNAL SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE U.S. STATE OF MASSACHUSETTS AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN MASSACHUSETTS SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES AND ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE GIVEAWAY OR THESE OFFICIAL RULES.

1. Rules/Winner List/Entry Information Changes: For a copy of these Official Rules or the Winner List, send a self-addressed, stamped envelope (with proper postage affixed) to: Gándara Center c/o 7th Annual Frozen Yogurt Virtual 5K Giveaway “Rules”/“Winner List” (specify which), 147 Norman Street, West Springfield, MA 01089 U.S. All Official Rules and Winner List requests must be received by August 16, 2021. Official Rules will also be accessible from the Website (www.gandaracenter.org) during the Giveaway Period. Winner information may be posted online. To change an Entrant’s Registration information, legibly handprint such Entrant’s new Giveaway Registration information on a standard sized postcard (no larger than 5” x 7”), enclose it in a postage-paid business sized envelope (#10), and mail it (with proper postage affixed) to: Gándara Center c/o 7th Annual Frozen Yogurt Virtual 5K Giveaway “Registration Information Change”, 147 Norman Street, West Springfield, MA 01089 U.S. All Entry information change requests must be received by July 30, 2020.

2. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

3. Sponsor: Gándara Mental Health Center, Inc.

4. Prize Provider(s): Hub International, Crumpin-Fox Club, Amazon

5. Giveaway Administrator: Gándara Mental Health Center, Inc., 147 Norman Street, West Springfield, MA 01089

Official Rules ©2021 Gándara Mental Health Center, Inc. These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.

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