The Alto Pharmacy Experience Survey Sweepstakes Official Rules
March 1, 2020
This is a closed Promotion consisting of several separate and distinct Sweepstakes on the dates and times indicated IN EMAILED Sweepstakes announcement(s). Sponsor may be running more than one sweepstakes during any sweepstakes period(s), each is independent.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED TO PARTICIPATE. VOID WHERE PROHIBITED BY LAW.
BY TAKING ANY ACTION TO PARTICIPATE IN A SWEEPSTAKES, INCLUDING TAKING A SURVEY, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, AND A WAIVER OF CLASS-ACTION CLAIMS.
OVERVIEW. The Alto Pharmacy Experience Survey Sweepstakes (“Sweepstakes”) is sponsored by ScriptDash Inc. (dba Alto Pharmacy) 645 Harrison St, Suite 200 San Francisco, California 94107 (“Alto” or “Sponsor”). At various dates and times, Alto will email survey links to certain eligible individuals requesting feedback on their pharmacy experiences. The invitations will also explain that Entrants (as defined below) who complete the survey, as instructed, will be entered for a chance to win a prize (“Sweepstakes Announcement(s)”). Each Sweepstakes is separate.
HOW TO PARTICIPATE. To participate in a Sweepstakes, eligible individuals (as defined below) must fully complete the survey according to the instructions given by Alto and provide all required information (such as a valid email address) during the time period in the Sweepstakes Announcement (each individual will be referred to herein as an “Entrant” and each completed survey by an eligible individual will be referred to herein as an “Entry”). Alto will randomly select one (1) Entrant who completed each designated survey within the time frame indicated in the Sweepstakes Announcement (“Sweepstakes Period”) to receive a prize. There is a limit of one (1) prize per household in any Sweepstakes. Alto’s clock will be the official timekeeper for the Sweepstakes. Those who do not abide by these Official Rules and other instructions of Alto will be disqualified. Any attempt made to participate in violation of these Official Rules is prohibited. If there is any drawing error or technical difficulties with the Sweepstakes, Alto reserves the right to suspend the Sweepstakes and refuse to award any associated prizes until the technical difficulties are resolved to Alto’s satisfaction.
ELIGIBILITY: Open only to individuals who: (1) are English-speaking legal residents of the United States and the District of Columbia; (2) are at least eighteen (18) years of age and the age of majority in their jurisdiction of residence; and (3) receive a Sweepstakes Announcement from Alto. Eligibility and those who receive the survey call will be determined in the sole discretion of Alto. Surveys will be conducted by Alto’s third-party research vendor, SVMK Inc., doing business as SurveyMonkey (“Administrator”). Even if you receive a survey, you must confirm that you meet all eligibility requirements; receipt of a survey does not guarantee that you are eligible to be entered into a Sweepstakes.
WINNER SELECTION/NOTIFICATION: The Winners of the prizes detailed in the “Prizes” section below will be selected via random drawings from among all eligible Entrants who complete the applicable survey, subject to verification. Each drawing will be held on or about the completion of the applicable Sweepstakes Period, but in no event later than (5) business days after the end of the applicable Sweepstakes Period. Within three (3) business days after each drawing, Alto will attempt to notify the potential winner(s) via email.If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or undeliverable; if potential winner does not respond according to the notification’s or Alto’s instructions; or if a winner or potential winner fails to comply with these Official Rules, the prize(s) may, in Sponsor’s sole discretion, be forfeited and an alternate may be selected (time permitting) based on the original method of winner selection or other method that is fair in Sponsor’s sole discretion. Sponsor is not obligated to pursue more than three (3) alternates for any prize for any reason, in which case such prize may go unawarded. Sponsor reserves the right to modify the notification procedures and applicable deadlines for responding in connection with the selection of any alternate. If a prize is legitimately claimed, it will be awarded.Upon prize forfeiture or inability to use a prize or portion thereof, no compensation will be given and Sponsor will have no responsibility or liability to that Entrant. To claim a prize, winner must follow the directions in his or her notification. Winner may, in Sponsor’s sole discretion, be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release and tax forms (as applicable) (collectively, the “Winner Documents”) according to Sponsor’s instructions within five (5) business days from when Sponsor sends the Winner Documents or other time frame as specified by Alto or Sponsor’s representative. Failure to comply with these requirements, Sponsor’s or its representative’s instructions, or these Official Rules may, in Sponsor’s sole discretion, result in disqualification from the Sweepstakes and forfeiture of any prize potentially won. The Winner Documents, if required, are each subject to verification by Sponsor and may require the Entrant to provide his or her Social Security Number and/or a copy of government-issued identification card or number therefrom. Forms may be issued as appropriate in Sponsor’s sole discretion.Decisions of the Sponsor are final on all matters relating to the Sweepstakes, including interpretation of these Official Rules, determining the winners, and awarding of the prizes. Odds of winning depend on the number of entries received for each Sweepstakes Period.
PRIZES: Winners of the Sweepstakes will each receive one (1) gift card (the “Prize”). The Prize may be in the form of a physical or electronic gift card or other item as deemed appropriate by Sponsor. Sponsor reserves the right to provide an alternate incentive of equal value if any factor outside its control makes it impossible to fulfill the Prize as described or materially affects its ability to do so. Prizes will be awarded by either: (a) email to the email address provided in the survey, or (b) by mail to the mailing address provided by Entrant upon winner notification, within approximately one (1) month of the end of the Sweepstakes Period. Follow the instructions in the email to claim your Prize. Gift cards are subject to the provider’s/issuer’s terms and conditions, including any stated expiration date set forth by issuer.
Any prizes or things of value provided in connection with this Sweepstakes shall be used only in accordance with applicable laws and shall not be used in any way, directly or indirectly, to facilitate any act that would constitute bribery or an illegal kickback, an illegal campaign contribution, or would otherwise violate any applicable anti-corruption or political activities law.
Sponsor is not responsible for any inability or unwillingness of any winning Entrant to accept or use the Prize (or portion thereof) for any reason. Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for, and will not replace, any lost, mutilated, or stolen Prize or Prize element or any Prize that is undeliverable or does not reach a Winner because of incorrect or changed contact information. If a Winner does not accept or use the entire prize for any reason, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. No transfers, prize substitutions, or cash redemptions may be made, except at Sponsor’s sole discretion. Prizes may not be transferred. Sponsor reserves the right to deny distribution of any prize when required by applicable law. Sponsor reserves the right to substitute any stated prize or any component thereof with another prize or component of equal or greater value for any reason. Sponsor has no obligation to award more than the stated prizes. Entrants waive the right to assert as a cost of winning the prize, any and all costs of verification and redemption and any liability and publicity that might arise from claiming or seeking to claim said prize.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES: NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY ANY MANDATORY PROVISIONS OF APPLICABLE LAW, SPONSOR, ADMINISTRATOR AND THEIR PARENT COMPANIES, AFFILIATES, DIVISIONS, FRANCHISEES, REPRESENTATIVES, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS, DISTRIBUTORS, VENDORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES (TOGETHER, THE “RELEASED PARTIES”) EXCLUDE FROM THESE OFFICIAL RULES ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM, EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY (I.E., DEFEND AND/OR REIMBURSE) THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF A PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE (EXPRESS OR IMPLIED, IN FACT OR IN LAW), WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, BEYOND ANY NON-EXCLUDABLE GUARANTEES.
ADDITIONAL DISCLAIMERS: The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Entrant, or by human error (except to the extent that any of the following occur for reasons within Sponsor’s reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): Entries made by illegitimate means (such as, without limitation, by an automated computer program); any lost, late, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, or Sweepstakes-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or 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 Sweepstakes or receipt or use of any prize. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account to receive email or voice messages. Released Parties are not responsible, and may disqualify an Entrant, if any contact information provided by the Entrant does not work or is changed without giving prior written notice to Sponsor. It is each Entrant’s responsibility to set his or her account settings to ensure that messages can be received from Sponsor and Altos. Sponsor is not responsible for any inability receive messages. Without limiting any other provision in these Official Rules, 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 a prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
GENERAL RULES: By entering this Sweepstakes (except where prohibited by law), you agree to these Official Rules and grant the Released Parties the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display your name, photograph, likeness, voice, biographical information, any quotes attributable to you, ideas submitted by you and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to you, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and you release all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and by granting publicity rights under this provision you waive any right to inspect or approve any such use.
You also understand and acknowledge that: (a) the Released Parties have wide access to ideas that many ideas may be similar or identical to your survey responses and/or each other; (b) you will not be entitled to any compensation as a result of Alto’s use of any such similar or identical idea or concept; and (c) Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to the content you submit in any survey.
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, determination of the Winners, and awarding of the Prizes. All Entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Entrants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right to restrict or void participation from any IP address, email address or domain, or device if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries or other participation by any person or entity who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines (at any time and in its sole discretion) that any Winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person or entity, Sponsor reserves the right to disqualify such Winner or potential winner, even if the disqualified Winner or potential winner may have been notified or displayed or announced anywhere. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their Official Rules as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize based on eligible Entries received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates or submits Entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a prize, Sponsor may disqualify that person (and any Entrant on the behalf of which such person participated in the Sweepstakes) and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any dispute regarding an entry cannot be resolved to Sponsor’s satisfaction, such entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES/GOVERNING LAW: Except where prohibited by law, any and all disputes, claims, and causes of action between an Entrant and any Released Party arising out of or connected with this Sweepstakes, the determination of any Winner, or any prize awarded must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than the Entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10 USD), and each Entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the internal laws of the State of California, USA, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any jurisdiction. Any legal actions, suits or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in or having jurisdiction over San Mateo County, California, US, and each Entrant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
RULES/WHO WON?: A copy of these Official Rules is available by sending an email with the subject line “The Alto Pharmacy Experience Survey Sweepstakes - Official Rules” to firstname.lastname@example.org which includes your name and email address. During the Sweepstakes Period, the Official Rules will also be available by visiting https://alto.com/legal/survey-sweepstakes-rules. Information about who won is available by sending an email with the subject line “The Alto Pharmacy Experience Survey Sweepstakes - Who Won?” to email@example.com Rules requests must be received no later than the end of the Sweepstakes Period. Requests for winner information must be received no later than three (3) months after the end of the Sweepstakes Period.
SPONSOR: ScriptDash Inc. (dba Alto Pharmacy) 645 Harrison St. Suite 200 San Francisco, CA 94107