Sweepstakes Name: March 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 thirty (30) 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, March 28, 2019 at 9:00:00 a.m. ET and
ends at 4:59:59 p.m. ET on Friday, April 5, 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) Wearable Heart Rate Monitors 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.