Uphealth is a monthly online chance based contest (the "Contest") that is sponsored by Anschutz Media, Inc., a Delaware corporation having its principal office at 497 Elizabeth Street; San Francisco, CA 94114, USA ("Sponsor"), in connection with the official Uphealth web site, www.uphealth.me. The contest is governed by these Official Rules. For any questions regarding the contest, Anschutz Media, Inc. may be contacted by email at [info@uphealth.me] or by mail at 497 Elizabeth Street, San Francisco, CA 94114 USA.
Eligible adults can win cash prizes on Uphealth by responding to health related messages. Ten different people win $20.00 USD cash prizes at the end of every month. To qualify to win, just Sign Up for free and respond to all the messages you receive from Uphealth for a calendar month.
Messages can be received by email or text/SMS. Messages received by email have response buttons in them. Messages received by text/SMS can be responded to using the Reply function on your mobile device.
You are automatically entered to win cash prizes once all Uphealth messages have been responded to for a calendar month. Winners are notified by email and posted on a winners list available online.
UPHEALTH IS OPEN ONLY TO NATURAL PERSONS WHO, AT THE TIME OF ENTRY, ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ARE LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA BUT EXCLUDING PUERTO RICO), CANADA (EXCLUDING THE PROVINCE OF QUEBEC, CANADA), UNITED KINGDOM, AUSTRALIA, BELGIUM, CHINA, THE NETHERLANDS, COLOMBIA, DENMARK, GERMANY, INDIA, NORWAY, NEW ZEALAND OR SWITZERLAND.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND IN QUEBEC.
Eligible winners from Canada of Uphealth chance-based contests and promotions will be required to answer a mathematical, time-limited question administered by telephone, mail or email in order to be declared a winner and claim their prize(s).
Contestants are expressly prohibited from creating multiple Uphealth member accounts for use by the same person. Any violation will result in immediate suspension of all associated accounts.
No purchase or payment is necessary to enter or win Uphealth contests, and no purchase or payment will improve your chances of winning in any way.
Employees and officers of the Sponsor, any Co-Sponsor, or their respective parents, subsidiaries, affiliates, partners, suppliers, or advertising or promotional agencies (including without limitation any employees of Sponsor, or any of their respective parents, subsidiaries, or affiliates), as well as members of their households or their immediate families (i.e., spouses, parents and children), may submit entries to the Contest, but any such entries are for information and entertainment purposes only and are not eligible to be considered for the purpose of selecting winners. Notwithstanding the foregoing, Sponsor shall have no liability to any entrant or any other person in the event that Sponsor inadvertently awards a prize to any non-eligible person(s).
In addition, each entrant acknowledges and accepts that Sponsor may be prohibited by applicable law from permitting entry by or awarding a prize to any person falling into one or more of the following prohibited categories: (a) a national or resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country for which trade with the United States has been prohibited or restricted by any statute, regulation, order, rule, treaty, or other law of the United States or any other applicable jurisdiction in any manner that would prevent the awarding or delivery of any prize to the entrant; (b) a person on the U.S. Table of Denial Orders, Entity List, List of Specially Designated Nationals and Blocked Persons, or any other similar list of any applicable jurisdiction, or any person affiliated with any person or entity on any such list; (c) an official or representative of any foreign government; or (d) any other person to whom the awarding or delivery of any prize would violate any applicable statute, regulation, order, rule, treaty, or other law, or the Uphealth Terms of Service or the Uphealth Privacy Policy, If an entrant falls into any of the above prohibited categories, such entrant is not eligible to win any prizes.
ENTRY TO THE CONTEST IS FREE AND NO PURCHASE OR PAYMENT OF ANY CONSIDERATION IS NECESSARY TO ENTER OR WIN, EXCEPT FOR THE STANDARD CHARGES OF YOUR INTERNET ACCESS PROVIDER AND/OR MOBILE SERVICE PROVIDER.
THE CONTEST IS ENTIRELY CHANCE BASED AND CONTAINS NO ELEMENTS BASED ON SKILL. RESPONDING TO MESSAGES MORE THAN ONCE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND IN QUEBEC.
BY ENTERING THE CONTEST YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE UPHEALTH TERMS OF SERVICE AND UPHEALTH PRIVACY POLICY
To enter the Contest, visit the Uphealth web site at http://uphealth.me/ and follow the directions set forth in the Sign Up area. You will be asked to provide your name, email address, birthday and other information. Once you have completed the Sign Up process, you can then qualify to win contests on Uphealth. To qualify to win, respond to all Uphealth messages you receive for a full calendar month. Uphealth will track your responses and automatically enter you into the Contest for every month that you have responded to all messages.
Uphealth content (the "Content") is protected by copyright under both United States and foreign laws. Title to the Content remains with Sponsor or its licensors. Any use of the Content not expressly permitted by these Official Rules or the Uphealth Terms of Service is a breach of these Official Rules and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved to Sponsor and its licensors.
Uphealth contests are open for one calendar month. Contests end at 11:59:59 PM (PT) on the last day of each month, and a new contest begins at 12:00:00 AM (PT) on the first day of each month. The odds of winning a contest depend on the number of people participating that month and cannot be determined in advance. The number of eligible entries for recently completed Uphealth contests generally has ranged from approximately three (3) to approximately six (6) each month, and generally has averaged approximately four (4) each month, but Sponsor cannot predict or guarantee any specific number of eligible entries for any contest. The Uphealth web site and message service run around the clock, 24 hours a day, seven days a week, 365 days a year.
You will be notified by email message anytime you win a contest on Uphealth.
Sponsor reserves the right to suspend, modify, or terminate the Contest at any time for any reason, in its discretion, including without limitation in the event of fraud, abuse, tampering, technical, administrative, financial, or other difficulties. In such cases, Sponsor will post a notice on the home page of the Uphealth web site. Should the Contest terminate prior to selection of that month's winners, Sponsor will announce an alternate means of awarding the prizes on the home page of the Uphealth web site. Any entrant may withdraw from any Uphealth contest at any time by contacting Sponsor by email at [info@uphealth.me] or mail at 497 Elizabeth Street, San Francisco, CA 94114 specifying the month of the contest and any other relevant information necessary to withdraw their entry.
Uphealth members and non-members may enter contests with the same odds and win the same prizes by printing their full name, complete mailing address, date of birth (mm/dd/yyyy), daytime telephone number and email address on a 3"x5" card and inserting it in a #10 business size envelope with the correct postage affixed and mailing it via regular mail to: "Uphealth Contest Entry", c/o Anschutz Media, Inc., 497 Elizabeth Street, San Francisco, CA 94114 ("Alternative Entry Method"). Limit one entry per person, per month. Upon receipt of the card, an agent of Sponsor will participate in the contest on your behalf. Upon the event of a win, you will be notified at the email address printed on the card. All entries become the property of Sponsor and will not be returned.
The Contest offers 10 different people prizes of $20.00 USD (twenty United States Dollars) each every month. Once a group of winners is declared for a month, the prize for the next month resets to $20.00 USD (twenty United States Dollars) for a new group of 10 people. Total value of all prizes is $200.00 USD (two hundred United States Dollars) per month.
The winners for each contest will be the first to have their affidavit and release forms validated by Sponsor and who comply with these Official Rules, the Uphealth Terms of Service and the Uphealth Privacy Policy. No substitution or transfer of prize permitted.
THE PRIZE WILL BE GIVEN AWAY BY SPONSOR "AS IS." SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE OR PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, CONSUMER GUARANTEES AND SIMILAR RIGHTS, IN WHICH CASE SUCH EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE RELEVANT JURISDICTION. WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS, IN RELATION TO THE PRIZES, WHETHER EXPRESS OR IMPLIED BY STATUTE, LAW (INCLUDING, WITHOUT LIMITATION, COMMON LAW, IF APPLICABLE), RULE, REGULATION, OR OTHERWISE, ARE HEREBY EXCLUDED.
The potential winners will be determined based on the first verifiable affidavit and release forms submitted to Sponsor. Sponsor will notify potential winners by email and by posting the winner's first name and last name initial on a list of winners. Potential winners may be required to complete and sign an affidavit and release form which includes an affidavit of eligibility, grant of publicity rights and a liability release, to the extent not prohibited by law, prior to receipt of a prize. Sponsor is not responsible for late, lost or misdirected notifications or affidavit and release forms. Email notifications and posting on winners lists do not constitute a guarantee of payment of any kind.
If a potential winner cannot be contacted, is ineligible, fails to claim a prize, fails to register a proper and current mailing address with Sponsor, or fails to return a completed and executed affidavit and release, within sixty (60) days of the win event the prize will be forfeited. If a potential winner is a Canadian resident, to be declared a winner and claim their prize(s), he or she must correctly answer, without assistance of any kind, whether mechanical or otherwise, a mathematical, time-limited question to be administered by mail, telephone or email. If the potential winner in Canada cannot be contacted and the skill test administered within ten (10) business days after the first attempt to contact such potential winner, the prize will be forfeited.
Winner consents to the use of his or her name, city, state, gender and health interests for publicity and commercial purposes without limitation and without further compensation or consideration in perpetuity unless prohibited by law. Neither Sponsor nor any Co-Sponsor is responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winner.
The winners will be deemed to be the authorized account holder of the email address submitted during the registration process. "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event of a dispute, an entry will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at the time of entry. Each potential winner may also be required to provide Sponsor with proof that the winner is the Authorized Account Holder of the email address associated with the winning entry.
Winnings are paid as checks, in U.S. Dollars (USD) within sixty (60) business days after Sponsor's receipt of a completed affidavit and release. Winnings checks are mailed via the U.S. Postal Service to the designated valid delivery address set forth in the affidavit and release. If a potential winner cannot be contacted, is ineligible, fails to claim a prize, fails to register a proper and current mailing address with Sponsor, or fails to return a completed and executed affidavit and release, within sixty (60) days of the win event the prize will be forfeited, and any prize returned to Sponsor as undeliverable will be considered forfeited and will not be reissued. Sponsor reserves the right to require winners to execute the affidavit and release form as a sworn document and to provide other proof of eligibility as a condition of receipt of prizes.
If multiple eligible unclaimed winnings are available, those winnings will automatically be combined into a single lump sum, where possible. Neither Sponsor nor any Co-Sponsor is responsible for lost, late, delayed, misdirected, incomplete or improper processing of mail and shall not assume liability for lost, damaged or misdirected prizes. Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Without limitation, Sponsor shall not be liable for any failure to deliver any prizes due to any winner's failure to accept delivery, to meet any of his or her obligations hereunder or due to the submission of any false, inaccurate or misleading information.
Contest winners will be solely responsible for complying with any and all applicable federal, state, provincial, local or other statutes, laws (including, without limitation, common law, if applicable), rules and regulations relating to the prizes and for bearing any personal income, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting any prize. Winners are hereby informed of their liability to pay all taxes on prizes received; such taxes shall be paid by the winners. Each winner shall be responsible for reporting his or her individual income tax generated from the prize to relevant tax authorities on his or her own and, for residents subject to tax obligations on the prize by any country, shall promptly submit a tax payment proof to Sponsor showing that such tax has been fully paid.
For entrants subject to tax obligations under the People's Republic of China, winners shall be responsible for reporting his or her individual income tax generated from the prize to relevant Chinese tax authorities on his or her own and shall then submit a tax payment proof to Sponsor showing the tax is fully paid. If the winner fails to submit the afore-mentioned proof within a reasonable period of time as required by Sponsor, Sponsor reserves the right to disqualify the winner from entitlement to the prize.
Sponsor, by law, may be required to withhold certain taxes or other assessments with respect to the prizes awarded on Uphealth and reserves the right to withhold any such applicable taxes with respect to such prizes. Non-U.S. residents are subject to United States tax withheld from winnings and are responsible for any local taxes. Sponsor must withhold a 30% IRS foreign withholding tax for all non-U.S. winners, no matter the amount won, based on IRS regulations.
By entering the Contest, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the contest; (b) in entering and participating in the Contest, the entrant has complied and will comply in all respects with these Official Rules, the Uphealth Terms of Service, the Uphealth Privacy Policy, and all applicable statutes, laws (including, without limitation, common law, if applicable), rules and regulations; and (c) the information provided in the entrant's entry, including without limitation all contact information, is true, accurate, and complete in all respects.
By receiving Uphealth messages, each contestant accepts and agrees to be bound by these Official Rules and by the decisions of Sponsor, which shall be made in all cases in their sole and absolute discretion and are final and binding on all matters relating to the Contest. These Official Rules are a legally binding contract, with equivalent effect to a private contract between each entrant and Sponsor. Uphealth and the Contest are void where prohibited by law. All federal, state, provincial, local or other statutes, laws, rules and regulations apply.
Sponsor may prohibit you from participating in the Contest if, at its sole discretion, you show a disregard for these Official Rules, or act (a) i n an unsportsmanlike manner; (b) with an intent to abuse, annoy, degrade, harass or threaten any other contestant or Sponsor representative; or (c) in any other disruptive manner. The use of software, robots, programs, machines, computers, scripts or any automated system to participate in the Contest ("Cheating") is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. Responding to Uphealth messages through Cheating is also strictly prohibited. Sponsor's determination of whether a contestant is cheating is strictly at Uphealth's sole discretion.
Sponsor may terminate and permanently disqualify any contestant in any contest or other activity on Uphealth who Sponsor, in its sole discretion, determines as being in violation of these Official Rules or the Uphealth Terms of Service. If Uphealth terminates a member's account and/or disqualifies a contestant from any Uphealth contest, the contestant will immediately lose any right of access to any unawarded, unclaimed or undelivered prizes; and any other digital content associated with this account. All decisions by Sponsor are final and binding.
ANY ATTEMPT BY A MEMBER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF UPHEALTH IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH MEMBER OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
For further information concerning how Sponsor handles personal information, as well as provisions on confidentiality and the cases in which Sponsor may be entitled to disclose entrant's information to third parties or upon request of an authority, consult the Uphealth Privacy Policy, which is incorporated herein.
SPONSOR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE REGISTRATIONS OR CONTEST ENTRIES, WHETHER CAUSED BY UPHEALTH MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN UPHEALTH OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE OPERATION OF UPHEALTH. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SPONSOR BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER'S USE OR MISUSE OF AND RELIANCE ON UPHEALTH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES (EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON UPHEALTH, FROM INABILITY TO USE UPHEALTH OR TO PARTICIPATE IN ANY UPHEALTH CONTESTS, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF UPHEALTH OR ANY UPHEALTH CONTESTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON UPHEALTH OR RECEIVED THROUGH ANY LINKS PROVIDED IN UPHEALTH, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON UPHEALTH OR RECEIVED THROUGH ANY LINKS PROVIDED IN UPHEALTH. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL SPONSOR BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES OR OTHER EQUIPMENT FAILURES.
UPHEALTH AND ALL UPHEALTH CONTESTS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF UPHEALTH AND ALL UPHEALTH CONTESTS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS, INCLUDING ANY AND ALL PRIZES, RECEIVED THROUGH OR ADVERTISED ON UPHEALTH OR RECEIVED THROUGH ANY LINKS PROVIDED IN UPHEALTH, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH UPHEALTH OR THROUGH ANY LINKS PROVIDED IN UPHEALTH. SPONSOR DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. SPONSOR DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT, INFORMATION OR MATERIAL THROUGH THE UPHEALTH WEB SITE, UPHEALTH TEXT/SMS MESSAGES OR UPHEALTH EMAIL MESSAGES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
If, for any reason, Uphealth or any Uphealth contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor which corrupt the administration, security, fairness, integrity or proper conduct of Uphealth, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend Uphealth or any Uphealth contest. Sponsor reserves the right to halt the participation of a contest or contests at any time and for any duration of time due to situations beyond its control such as strikes, acts of God, etc. In the event that Sponsor cancels, terminates or suspends the Contest pursuant to the Uphealth Official Rules or any specific Contest official rules, Sponsor shall award all prizes pursuant to a method to be determined by Sponsor in its sole discretion. In addition, Sponsor reserves the exclusive right, exercisable in its sole discretion, to add additional contests, along with such contest's official rules, to Uphealth at any time. Sponsor's exclusive rights expressed herein shall include, without limitation, the right to restrict the operating code of Uphealth and the Contest in order to prevent any unauthorized tampering with the administration or operation of Uphealth and the Contest or any unauthorized use of computer programs, scripts or any other devices intended to automate any aspect of play in the Contest. All decisions made with respect to Uphealth, the Contest, these Official Rules and any other contest specific official rules are the sole responsibility of Sponsor.
By signing up with Uphealth or by participating in the Contest, you agree to indemnify Sponsor and hold Sponsor harmless from any and all responsibility, liability, damages (including, without limitation, direct, indirect, incidental, consequential, punitive, statutory, and other damages), losses, costs, or expenses of any kind arising from or relating to: (a) your use or misuse of Uphealth, from any person's use of any member account or password you maintain with Uphealth, regardless of whether such use is authorized by you, or from acceptance, possession, misuse or use of any prize; (b) entry or participation in the Contest, including but not limited to disputes among individuals claiming to have contributed to any winning entry; (c) any violation by the entrant of these Official Rules, the Uphealth Terms of Service, the Uphealth Privacy Policy, or applicable laws; (d) misappropriation, infringement, or other violation of any copyright, trademark, patent, trade secret, right of publicity, privacy, or other legal or contractual right of any person attributable to entrant or any entry submitted by entrant; (e) the acceptance, possession, receipt, or use of any prize or any item purchased with any prize; (f) any entries or message responses that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (g) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting therefrom; (h) any Internet traffic congestion or web site accessibility or delays; (i) printing or typographical errors in any Uphealth contest related materials; or (i) any other technical or human error that may occur in connection with the Contest. If anyone makes any claim against Sponsor or its parents, subsidiaries, affiliates, officers, employees or contractors arising out of or relating to any of the causes attributable to the entrant, the entrant will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys' and experts' fees and costs, incurred in connection with such claim.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR, ANY CO-SPONSOR, ANY OTHER ENTITIES INVOLVED IN THE ADMINISTRATION OF THE CONTEST, EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE "SPONSOR PARTIES") SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) CONTRACT, OTHER LEGAL THEORY OR OTHERWISE, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AND OTHER LIABILITY (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE, STATUTE OR REGULATION IN THE RELEVANT JURISDICTION. NOTHING IN THESE TERMS EXCLUDE LIABILITY FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.
By signing up with Uphealth or by participating in the Contest, you are hereby agreeing to release the Sponsor Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against Sponsor and/or any prize. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
By entering the Contest, entrants agree that these Official Rules will be governed by and construed in accordance with the laws of (a) Switzerland if the entrant's principal place of residence is in a country in Europe, Africa or the Middle East, (b) Singapore if the entrant's principal place of residence is in a country in Asia, Oceania or the Asia-Pacific region, (c) Brazil if the entrant's principal place of residence is in Brazil, or (d) the State of California (and, to the extent controlling, the federal laws of the United States) if the entrant's principal place of residence is in a country in the Americas (including the Caribbean) or any other country not specified in this Governing Law and Dispute Resolution section; provided, however, that in respect of all claims, actions and disputes brought by any of the Sponsor Parties, these Official Rules shall be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States). The laws of such jurisdictions shall govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to (and are excluded from the laws governing) these Official Rules.
In addition, by entering the Contest, entrants agree that any claim, action or dispute arising under or relating to this Agreement will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of San Francisco, or the United States District Court for the Northern District of California in San Francisco, except that (other than with respect to claims, actions or disputes brought by any of the Sponsor Parties) if the entrant's principal place of residence is in (a) a country in Europe, Africa or the Middle East, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Switzerland, or (b) a country in Asia, Oceania or the Asia-Pacific region, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Singapore. By entering the Contest, each entrant submits to the jurisdiction of those courts and waives any objection to those courts, whether on the basis of jurisdiction, venue, inconvenience of the forum, or otherwise. Notwithstanding anything to the contrary, nothing will prevent any of the Sponsor Parties from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.
If any part of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of and the remaining parts of these Official Rules will remain in full force and effect. Nothing contained herein or in any of the Contest related materials should be construed as an endorsement by Sponsor of any Co-Sponsor, or of Sponsor or any Co-Sponsor of any third party, product, or service. Notwithstanding anything to the contrary, Sponsor may decline to process requests that are unreasonable or unreasonably repetitive.
You can view the winners list on the Uphealth web site, located at http://uphealth.me/winners. For a copy of the winners list, send a self-addressed, stamped envelope to Uphealth Winners List, c/o Anschutz Media, Inc., 497 Elizabeth Street, San Francisco, CA 94114. All such requests must be received within three (3) months of the contest end date.
The Contest is subject to these complete Official Rules, the Uphealth Terms of Service and the Uphealth Privacy Policy. For a copy of these rules, send a self-addressed, stamped envelope to Uphealth Official Rules, c/o Anschutz Media, Inc., 497 Elizabeth Street, San Francisco, CA 94114. Residents of WA, VT and Canada may omit return postage.
Anschutz Media, Inc. Mailing address: 497 Elizabeth St., San Francisco, CA 94114. Email address: [info@uphealth.me].