The “$2,500 Thistle Credit” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR WHERE REGISTRATION OR BONDING REQUIRED. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS.
The $2,500 Thistle Credit Sweepstakes (the “Promotion”) is sponsored by Thistle Health Inc. (“Thistle” or Sponsor”). Please read these Official Rules carefully before entering the Promotion. By entering the Promotion, you agree that you will be bound by these Official Rules, and you represent that you satisfy all Promotion eligibility requirements.
1.Eligibility. To be eligible to enter the Promotion (an “Entrant”), at the time of your entry you must be (i) a current legal resident of California; and (ii) at least the legal age of majority in California. Employees of Sponsor or Sponsor’s affiliates, advisors, or advertising/promotion agencies and their immediate family members (spouse, parents, siblings, and children) and household members are not eligible to enter the Promotion.
2.Entry Instructions. To participate in the Promotion, which begins at 12:01 AM PT on January 9, 2019 and ends at 11:59 PM PT on January 31, 2019 (the “Promotion Period”), do one of the following:
- Thistle Referral: (I) Create a Thistle account at www.thistle.co or sign-in to your Thistle account at www.thistle.co; (II) refer at least five (5) friends to subscribe to eligible Thistle subscriptions (an eligible subscription includes any plan available for purchase via the homepage of www.thistle.co) (a “Thistle Subscription”) by logging into your account on www.thistle.co and copying your unique referral link (“Referral Link”) and sending it to your friend(s) by SMS, social media, from a personal email account or another method (the “Referral”); and (III) at least five (5) Referrals have paid for active Thistle Subscriptions for at least 3 weeks by February 19, 2019.
- Mail: Send a postcard or 3×5 card with your name, address, e-mail address, phone number, and “Enter Me in the $2,500 Thistle Credit Sweepstakes” to Thistle Health Inc., 1000 Van Ness Ave, #10004, San Francisco, CA 94109. Your mail-in entry must be postmarked by January 16, 2019 and received by January 18, 2019.
Sponsor’s computer is the official timekeeping device for the Promotion. Time and eligibility of entries will be determined by Sponsor, in its sole discretion. If your entry is incomplete or if you use robotic, automatic, programmed, or similar entry methods, your entry will be void.
Limit of one entry per person. Each person may enter only once using only one Thistle account or one email address during the Promotion period, regardless of entry method. In the event of a dispute as to any Entrant, the authorized subscriber of the Thistle account or email account used to enter the Promotion at the actual time of entry will be deemed to be the Entrant. Any attempt by any person to obtain more than one entry by using multiple/different Thistle accounts, email addresses, identities, registrations and logins, or any other methods will void that person’s entry and that person will be disqualified. Multiple persons are not permitted to share the same Thistle account or email address needed for participation. Each potential winner may be required to show proof of being the authorized subscriber of the Thistle account or email account used to enter the Promotion. In the event of any dispute, Sponsor shall have the right to determine the identity of a potential winner in its sole discretion.
3.Prizes. 1 Entrant (the “Winner”) will receive an account credit for $2,500 deposited into their Thistle account (“the Prize”).
The retail value of the Prize is $2,500. The winner must have or will need to create a Thistle account to redeem the prize. The Thistle credit may only be used for purchases of food and beverages through Thistle, exclusive of taxes and fees. Credit must be redeemed by December 31, 2019. Prizes may not be assigned, transferred, resold, redeemed for cash, or applied to any other Thistle account. No substitutions are allowed, except by Sponsor, who may, in its sole discretion, substitute a prize of equal or greater value. Lost or stolen prizes will not be replaced. Limit of one prize per person.
Winner will be: (i) responsible for paying all costs and expenses associated with receiving or using the Prize that are not specifically listed as part of the Prize in these Official Rules, including without limitation taxes; (ii) required to submit a completed Form W-9 to Sponsor or its designee to claim the Prize; and (iii) required to sign and return an Eligibility Statement and Release to claim the Prize.
4.Prize Drawing. On or about February 20, 2019, Sponsor will conduct a random drawing from all correct and eligible entries. Sponsor will notify the potential Winner by phone or email within seven (7) days following the drawing. Sponsor is not responsible for any delay or failure to receive notification for any reason. If any potential Winner does not claim the prize within three (3) days of notification or does not meet the eligibility criteria, Sponsor reserves the right to disqualify that potential Winner and select a new potential Winner by random drawing from remaining eligible entries. Sponsor will not award more than the stated number of prizes. If production, technical, programming, or any other errors cause more than the stated number of prizes to be claimed, Sponsor may award the stated number of prizes by random drawing from among all eligible prize claimants.
5.Odds of Winning. The odds of winning depend on the number of eligible entries received.
7.Disclaimer, Release, and Limitation of Liability. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY PARTICIPATING IN THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY, LOSS, CLAIM, OR CAUSE OF ACTION, INCLUDING PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF OR RELATED TO PARTICIPATION IN THE PROMOTION OR RECEIPT, USE, OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (i) ANY INCORRECT OR INACCURATE INFORMATION; (ii) TECHNICAL FAILURES OF ANY KIND; (iii) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (iv) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (v) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE PROMOTION OR RECEIPT, USE, OR MISUSE OF ANY PRIZE. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.
8.Sponsor’s Reservation of Rights. Sponsor may, to the maximum extent permitted by applicable law, at any time and in our sole discretion, change these rules or modify, terminate, or suspend the Promotion, including without limitation in the event that viruses, worms, bugs, unauthorized human intervention, or other causes beyond our control corrupt or impair the administration, security, fairness, or proper play of the Promotion or submission of entries. Sponsor is not responsible or liable for: (i) any error, omission, interruption, deletion, delay or failure in the transmission of Entry or the operation of the Promotion; (ii) any theft, destruction, or unauthorized access to or alteration of Entry; (iii) any problems or technical malfunctions of any computer hardware, software, networks, lines, online systems, providers, or servers associated with or used for the Promotion, whether originating from Entrants, Sponsor or others; (iv) failure of any Entry to be received by the Entry deadline on account of traffic congestion or technical problems on the Internet or at any website, or any combination thereof; (v) any incomplete, inaccurate, illegible, unintelligible, defective, misdirected, or lost Entries; (vi) any injury or damage to any computer related to or resulting from participation in or downloading any materials for this Promotion; or (vii) any disputes, claims, damages, fees, costs, injuries, or damages associated with or involving the use of any prize; (viii) any delay, postponement, suspension, or termination of the Promotion; or (ix) any printing or typographical errors in any materials associated with the Promotion.
9.Arbitration and Governing Law. You and Sponsor agree that all questions, issues, claims and disputes (“Disputes”) concerning the construction, validity, interpretation, or enforceability of these Official Rules, the Promotion, or the rights and obligations of Sponsor or Entrants, shall be governed by and construed in accordance with the laws of the State of California, without reference to the applicable choice of law provisions, and the Federal Arbitration Act. You and Sponsor agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE OFFICIAL RULES WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SPONSOR. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) according to this Section and the applicable arbitration rules. Any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Sponsor will pay all the arbitration fees for any Dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, Sponsor will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Sponsor also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Subject to and without waiver of this arbitration section, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California. You and Sponsor further agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and under no circumstances will either party be permitted to obtain awards for indirect, punitive, incidental, or consequential damages.
10.Sponsor. Sponsor is Thistle Health Inc., 1000 Van Ness Avenue, #10004, San Francisco, CA 94109.
12.Winner’s List. You may request the name of the Promotion Winner by submitting a self-addressed stamped envelope to Thistle Marketing, $2,500 Thistle Credit Sweepstakes, Thistle Health Inc., 1000 Van Ness Avenue, #10004, San Francisco, CA 94109.