Sweepstakes Name: June 2019 CMS Imaging Newsletter
Buisness Address: 4050 Azalea Drive, North Charleston, South Carolina 29405
Telephone: 843.763.1016
Email: marketing@cmsimaging.com
This Sweepstakes is sponsored solely by CMS Imaging, Inc. ("Sponsor"). Any
questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a
copy of these Official Sweepstakes Rules,
please visit the office of the Station during normal business hours or send your request by mail to
CMS Imaging, Inc. at 4050 Azalea Drive, North Charleston, SC 29405.
List of Winner(s): For the name(s) of the winner(s) send a stamped,
self-addressed envelope, to: CMS Imaging, Inc. atttention Marketing Department at 4050 Azalea Drive,
North Charleston, SC 29405.
1.ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal
residents of the 50 states of the United States or the District of Columbia, (ii) who are 18 years
of age or older at the time of entry
(19 or older if a resident of Alabama or Nebraska).
If you are not a legal resident of the United States or you are not the required age as of
time of entry, you are not eligible to enter this Sweepstakes or to win a prize. Employees,
contractors, officers and directors of Sponsor,
its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising,
promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize
fulfillment service (collectively, the
"Sweepstakes Entities"); individuals employed by any competing imaging and or medical software
companies; and members of the immediate families (spouse and biological, adoptive or step-parents,
grandparents, children, grandchildren and
siblings, and each of their respective spouses regardless of where they reside) or households
(whether related or not) of any of the above individuals are not eligible to participate in the
Sweepstakes or win the prize.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored
by Sponsor in the one hundred and twenty (120) days prior to this Sweepstakes start date is not
eligible to win a prize in this Sweepstakes.
Void where prohibited by law.2.TIMING: The Sweepstakes begins on Thursday,
June 27, 2019 at 9:00:00 a.m. ET and ends at 4:59:59 p.m. ET on Wednesday, July 3, 2019
("Sweepstakes Period").
How to Play:Throughout the Sweepstakes Period the CMS Imaging, Inc Newsletter
will be sent to contact in our sales database, the first five (5) persons to conplete and submit
registration form will be a winner.
Limit: One (1) entry per person/phone number/email address per Sweepstakes
Period.No other entry methods or forms of entry are valid. Non-winning entries will be
notified via email.
Entries must contain all information requested, must be timely submitted, and must comply with
all Content submission requirements set forth herein to be valid. By participating in the
Sweepstakes, entrants agree that the CMS Imaging,
Inc. may contact them, via phone at the number provided during registration or by email. Any and all
fees arising from such notification will be the sole responsibility of each entrant. Entries are
subject to any applicable restrictions or
requirements listed herein. The Sponsor is not responsible for entries not received due to
difficulty accessing the internet, service outage or delays, computer difficulties and other
technological problems. The Released Parties (as
defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen,
garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of
cause. Multiple entrants are not permitted to
share the same email address and/or phone number. Should multiple users of the same e-mail account
or mobile phone number enter the Sweepstakes and a dispute thereafter arise regarding the identity
of the entrant, the authorized account
holder of said e-mail account or mobile phone account at the time of entry will be considered the
entrant. "Authorized account holder" is defined as the natural person who is assigned an e-mail
address or mobile phone number by an Internet
access provider, on-line service provider, telephone service provider or other organization which is
responsible for assigning e-mail addresses, phone numbers or the domain associated with the
submitted e-mail address. Any potential winner
and/or Finalist may be requested to provide Sponsor with proof that such winner is the authorized
account holder of the email address or wireless number associated with the winning entry. Proof of
submission of an entry shall not be deemed
proof of submission or receipt by the Sponsor. The Sponsor's computer will be deemed the official
time keeping device for the Sweepstakes. Entries will be disqualified if found to be incomplete
and/or in excess of the above stated limit.
All entries become the property of Sponsor and will not be receipt acknowledged or returned.
Sponsor's decisions as to the administration and operation of the Sweepstakes and the selection of
potential winners are final and binding in all
matters related to the Sweepstakes. The Sponsor assumes no responsibility for entrants not making
timely submission to the CMS Imaging, Inc. or other timed entry as a result of the delays in the
Internet stream or otherwise.
3. Winner Selection and Notification: At the end of Sweepstakes Period, the
registration will be closed and the Sponsor will determine the winners for that period. There will
be five (5) prize winner selected based on
the receipt of registration. The Sponsor will attempt to contact all selected winners by email or
phone at the email address and / or phone number provided by the entrant. Only the winners will be
contacted personally by a Sponsor
representative. No more than three (3) attempts shall be made to contact the entrant.
Conditions on Participation: If the entrant is unable to verify registration
information the entrant will automatically be disqualified and their prize will be forfeited. The
Sponsor reserves at its sole discretion the
right to choose an alternative winner in the event that that a qualifier has been disqualified or is
deemed ineligible. The Sponsor is not responsible for any change of email address, mailing address
and/or telephone number of entrants.
Notification is deemed to have occurred immediately upon placing of a phone call or sending of an
e-mail or any other form of communication CMS Imaging, Inc may use to contact the qualifier and/or a
potential winner. CMS Imaging, Inc. is
not obligated to leave voice mail, answering machine or other message. The Sweepstakes Entities are
not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify
a potential winners or for any late,
misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or
unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential
winner does not claim the prize within the
appropriate time given upon notification or unless otherwise stated herein, the entrant will
automatically be disqualified and their prize will be forfeited, no alternative prize will be
substituted. Furthermore eligible entrants agree as
follows: By participating, you agree (a) to be bound by these Official Rules; (b) as between you and
the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes;
(c) you are not participating on
behalf of any employer or third party; (d) in the event that you not comply with the rules, then the
eligible winner will be disqualified. The Sponsor, in its sole discretion, reserves the right to
select an alternate qualifier and/or
potential winner at that time.
4. PRIZE(S):Five (5) $10.00 Starbucks Gift Cards will be awarded to the first
five registrants to complet and submit the registration form above. All prizes are provided by CMS
Imaging, Inc. Approximate Retail Value
("ARV" of each prize:$20.00)
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL
PRIZES ARE AWARDED "AS IS" AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY
REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH
WARRANTIES ARE HEREBY DISCLAIMED.
5.TAMPERING AND DELIVERY DISCLAIMER.(a) The Sponsor, in its sole discretion,
reserves the right to disqualify and prohibit from participating (and void such person's entries)
any person, who the Sponsor determines (in
its sole discretion) is or is attempting to: (i) tamper with the Sponsor's website and/or any part
of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating,
deception, or other unfair playing practices,
(iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the
Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these
Official Rules or the Terms of Use of the
Sponsor's Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR'S
WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD
ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES
AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE
FULLEST EXTENT PERMITTED BY LAW. EACH
ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL
GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST
ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR
LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR
INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT'S BREACH
OF ANY REPRESENTATION, WARRANTY OR
COVENANTS ASSOCIATED WITH THIS SWEEPSTAKES.The use of any automated device, automated launching or
entry software or any other mechanical or electronic means that permits the entrant to automatically
enter or evaluate repeatedly is
prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the
delivery of any item sent by mail, courier, express, electronic transmission, or other delivery
method.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications,
telephone, computer, hardware or software errors, malfunctions or failures of any kind, including:
failed, incomplete, garbled or delayed
transmission of online entries, traffic congestion on telephone lines, the Internet or at any
website or lost or unavailable network connections which may limit an online entrant's ability to
participate in the Sweepstakes; (2) any injury
or damage to entrant's or any other person's computer related to or resulting from participating in
or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or
inaccurate information, whether caused by
entrants, printing errors or by any of the equipment or programming associated with or utilized in
the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions,
interruptions, or disconnections in phone
lines or network hardware or software; (5) unauthorized human intervention in any part of the entry
process or operation of the Sweepstakes; or (5) technical or human error which may occur in the
administration of the Sweepstakes or the
processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or
void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize,
and/or determine absolute resolution, and/or an
alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any
reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or
conduct the Sweepstakes as planned for
any reason, including, but not limited to, infection by computer virus, bugs, tampering,
unauthorized intervention, fraud, technical failures of any sort, programming associated with or
used in the Sweepstakes, by any human error which may
occur in the execution of this Sweepstakes, or any other causes which effect the operation of the
Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in
any way, intentionally or unintentionally
by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the
Sweepstakes at any time without prior notice. Material changes to the Official Rules will be
broadcast on-air, when practical. In the event of
termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a
manner deemed fair and equitable by Sponsor.
6. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant
the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in
perpetuity, in any and all media now
known or hereinafter invented in any and all marketing and promotional materials and waive any
claims to royalty, right, or remuneration for such use. Each winner's name may be included in a
publicly available winners list.
7.USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant's personal
data for a reasonable period of time to enable it to send that entrant any prize that they have won
and to verify that these Official Rules
have been complied with, and for accounting purposes. This data may be passed to a third party to
enable such third party to fulfill any necessary requirements relating to the award of a prize. Any
other use of personal data will be in
accordance with, and subject to, the Sponsor's Privacy Policy located here. Entrant may have the
opportunity to opt-in to receive emails from third parties. In the event that entrant opts in to any
available opportunities to receive
information from a third party, that may or may not be associated with this Sweepstakes, entrant
understands and acknowledges that his/her information will be provided to such third party and may
be used by the third party as set forth in
the third party's privacy policy. Any available opt-in opportunities are not required to
enter the Sweepstakes, and opting in will not improve your chances of winning.
8.RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the
Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the
Sweepstakes Entities and any applicable
third party fulfillment service and each of their respective employees and agents (collectively, the
"Released Parties") from and against from any and all liability, loss or damage (including personal
injury) incurred with respect to the
conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt,
possession, and/or use or misuse of any prize. By accepting the prize, winner(s) hereby agrees that:
(i) to release each of the Released Parties
from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and
(ii) where allowed by law, sign a publicity release confirming consent to use the winner's
name/likeness as set forth in Section 6 prior to
acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner
or any person claiming through such entrant or winner for failure to supply the prize or any part
thereof, by reason of any acts of God,
any action, regulation, order or request by any governmental or quasi-governmental entity (whether
or not the action, regulations, order or request proves to be invalid), equipment failure,
threatened terrorist acts, terrorist acts, air
raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared),
fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or
strike (whether legal or illegal) labor or
material shortage, transportation interruption of any kind, work slow-down, civil disturbance,
insurrection, riot, or any other cause beyond the Sweepstakes Entities' sole control. Upon awarding
the prize, the Sponsor will have no further
obligation to winner.
9.TAXES. Any valuation of the prize(s) stated above is based on available
information provided to the Sponsor, and the value of any prize awarded to a winner may be reported
to the IRS as required by law. Each winner
is solely responsible for reporting and paying any and all applicable federal, state, and local
taxes, related to prize acceptance and use not specified herein. Each winner must provide the
Sponsor with valid identification and a valid
taxpayer identification number or social security number before any prize will be awarded. Any
person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form
1099 reporting the value of those prizes to
the IRS.
10.CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and
binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair
advantage in participating in the Sweepstakes, or
obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these
Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the
Sweepstakes and the Sponsor's decisions
concerning such disputes shall be final. If, for any reason, more bona fide winners are notified
than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons.
Inclusion in such drawing shall be each
entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules
or as part of the Sweepstakes to the Sponsor's "discretion" and/or any exercise of discretion by the
Sponsor shall mean in Sponsor's "sole
and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if
in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or
compromised in any way, intentionally or
unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the
Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible
entries received prior to termination. If
applicable material changes to the Sweepstakes rules will be available on-line at the CMS Imaging,
Inc's website, when practical. The Sponsor's failure to enforce any term of these Official Rules
shall not constitute a waiver of this
provision.
11.BINDING ARBITRATION. Any controversy or claim arising out of or relating to
the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the
arbitrator as set forth herein (provided
that such location is reasonably convenient for claimant), or at such other location as may be
mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes
set forth in the Comprehensive Arbitration
Rules and Procedures of CMS Imaging, Inc. ("CMS Imaging, Inc. Rules and Procedures") then
prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof. The arbitrator shall be selected pursuant to the
CMS Imaging, Inc. Rules and Procedures. The arbitrator shall apply New York law consistent with the
Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege
recognized at law. In the event that the claimant is
able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of
litigation, Sponsor will pay as much of the claimant's filing and hearing fees in connection with
the arbitration as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration
provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be
arbitrated on a class or representative
basis), or otherwise conflicts with the rules and procedures established by CMS Imaging, Inc., then
the balance of this arbitration provision shall remain in effect and shall be construed in
accordance with its terms as if the invalid, unenforceable,
illegal or conflicting provision were not contained herein. If, however, the portion that is deemed
invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative
basis, then the entirety of this
arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to
arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall
have the right of discovery, which
discovery shall be completed within sixty days after the demand for arbitration is made, unless
further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS
PARAGRAPH SHALL BE IN THE ENTRANT'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO
MAY BE SIMILARLY SITUATED. DO NOT ENTER
THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH
THESE OFFICIAL RULES.
12.MISCELLANEOUS. Sponsor reserves the right to determine eligibility should
special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any
responsibility to notify entrants of any
aspect related to the conduct of the Sweepstakes. As a condition of participating in the
Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will
entrant be permitted to obtain costs, judgments,
or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek
punitive, incidental, consequential, special, or any other damages, other than for actual,
third-party out-of-pocket expenses, and in such
limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b)
any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes,
or any prize awarded, shall be
resolved individually, through binding arbitration as set forth above, without resort to any form of
class action; and (c) any and all claims, judgments, and awards shall be limited to actual
out-of-pocket costs incurred (if any),
excluding attorneys' fees and court costs. Some jurisdictions do not allow the limitations or
exclusion of liability, so the above may not apply to every entrant. Participation in the
Sweepstakes constitutes entrant's full and
unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent
upon entrant's fulfillment of all requirements set forth herein.
13.COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning
the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or
the rights and obligations of entrant
and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance
with, the laws of the State of South Carolina, U.S.A., 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 Section 11 of these Official Rules
and/or for entering any judgment on an arbitration award, shall take place in the State of South
Carolina, in the City of North Charleston.