Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ENTRY START/END DATES. The Giveaway begins at 12:00:00 am (midnight) Eastern Time on 10/20/22 and ends at 11:59:59 pm Eastern Time on 11/3/22 (“Entry Period”).
2. ELIGIBILITY: The Giveaway is open solely to legal residents of the forty-eight (48) contiguous states of the United States (excluding Rhode Island) and the District of Columbia, who are at least eighteen (18) years of age and over the age of majority in their jurisdiction of residence at the time of entry. VOID IN ALASKA, HAWAII, AND RHODE ISLAND AND WHERE PROHIBITED BY LAW. Employees, officers and directors of TMRW Biorepository New York, LLC and its parent company and subsidiaries are not eligible to enter. The Giveaway is subject to all applicable federal, state and local laws.
3. HOW TO ENTER:
a. During the Giveaway Period, complete and submit the entry form on [https://rescripted.com/promotions/tmrw-embryo-storage-giveaway/promotion_registrations/new] and follow @tmrwlifesciences and @fertility.rescripted on Instagram. You must have an email address to enter via this method. An email address is free.
b. During the Giveaway Period, you may also enter by mail as follows. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3” x 5” card to Rescripted, Attention: Rescripted Marketing, 1624 Market St Ste 226, PMB 69774, Denver, Colorado 80202-1559 US. To be considered eligible in the Giveaway, your entry must be postmarked no later than 11/3/22. Each card received will be considered as one entry for that entrant.
By participating in the Giveaway, you acknowledge and agree to be bound by these Official Rules, TMRW’s Privacy Policy at https://www.tmrw.org/privacy-policy, Rescripted Privacy Policy at https://rescripted.com/posts/privacy-policy , and any other relevant rules, policies or regulations.
Limit one (1) entry per person or organization/per email address, regardless of method of entry. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email address, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any email address, the authorized account holder of the email address used to enter this Giveaway will be deemed to be the entrant. The “authorized account holder” is the person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
If you choose to enter using your mobile phone, standard data fees may apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by their wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
Entries will not be acknowledged or returned. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Rescripted.
4. REQUIREMENTS OF ENTRIES: By entering the Giveaway, each entrant warrants and represents that: (a) entrant’s entry does not contain any material or elements that are not owned by the entrant, or which are subject to the rights of third parties; (b) entrant’s entry is not a duplicate of any other submitted entries; (c) entrant’s entry will not violate any law, rule or regulation or infringe on any rights of any third parties. By submitting an entry, entrant agrees that Rescripted, in its sole discretion, may remove any entry and disqualify an entrant from the Giveaway if it believes, in its sole discretion, which the entrant’s entry fails to conform to the foregoing or these Official Rules.
By entering the Giveaway, entrant agrees that Rescripted’s decisions are final and binding in all matters relating to this Giveaway, including, but not limited to, interpretation and application of these Official Rules. By entering the Giveaway, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Rescripted, which will be final and binding in all matters relating to the Giveaway.
By submitting an entry, entrant hereby grants permission for their image, name, likeness, biographical information and entry or submission to be used by Rescripted and TMRW. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of entries by third parties. Released Parties do not guarantee the posting of any entry.
5. PRIZE SELECTION/ODDS: Ten (10) winning entries for the prize will be chosen in a random drawing from all eligible entries during the Giveaway Period on or about 11/10/22. Odds of winning depend on the number of eligible entries received for the drawing. Subject to verification of eligibility and compliance with these Official Rules, each entrant that entered one of the ten winning entries chosen as determined by Rescripted, will be deemed a potential prize winner.
6. WINNER NOTIFICATION: On or about 11/17/22 each potential Giveaway winner will be notified. If an email address has been provided by a potential winner, that potential winner will be notified via email at the email address provided by potential winner. If no email address has been provided by a potential winner, that potential winner will be notified by telephone at the telephone number provided by such potential winner in her mail-in entry. A potential winner must respond to Rescripted’s notification within five (5) business days after the date of notification. A potential winner's failure to respond to the prize notification within the specified five (5) business days will be considered such potential winner's forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. After initial contact has been made, subsequent communication may take place via e-mail or telephone. A potential winner may be required to sign and return, where legal, an Affidavit/Declaration of Eligibility, Liability/Publicity Release and/or Cryostorage Agreement and Consent. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, or a potential winner is not in compliance with these Official Rules, that potential winner’s prize will be forfeited and an alternate winner will be selected. Upon prize forfeiture, no compensation will be given. In the event of a dispute as to the identity of any potential winner, Rescripted reserves the right in its sole discretion to select another winner and the unidentifiable potential winner will forfeit all rights to a prize.
7. PRIZE: Three years of storage of the winner’s eggs or embryos in the TMRW Biorepository. Acceptance of the price is subject to winner agreeing to a Cryostorage Agreement and Consent. Storage must commence within 6 months of award of the Prize. The approximate retail value of the Prize is $1,800, per winner, or $18,000 in the aggregate. No substitutions or cash redemptions. In the case of unavailability of the Prize, TMRW reserves the right to substitute the Prize with a prize of equal or greater value.
The winner is responsible for any fees associated with transporting the winner’s eggs or embryos to the TMRW Biorepository. After the first three years of storage, winner shall be responsible for paying an annual storage fee for additional years of storage or, alternatively, arranging for transfer of winner’s eggs or embryos from the TMRW Biorepository to an alternative storage facility at winner’s sole expense.
The winner agrees to furnish TMRW with and/or execute any additional document requested by TMRW or Rescripted in connection with the awarding of the prize.
8. GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of TMRW and Rescripted, which shall be final and binding in all respects relating to this Giveaway; and (b) to the use of Rescripted and TMRW’s entry or survey responses by TMRW and Rescripted and (c) the use of entrant’s email addresses for email newsletters from Rescripted and TMRW.
9. LIABILITY: BY PARTICIPATING, ENTRANTS AND THE WINNER AGREE TO RELEASE AND HOLD HARMLESS RESCRIPTED, TMRW AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, SHAREHOLDERS, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, OR PARTICIPATION IN THIS GIVEAWAY, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY GIVEAWAY-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. THE FOREGOING LIABILITIES ARE TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW.
10. MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the drawing for the prize, the announcement of the prize, or the incorrect uploading of any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Giveaway or the applications or websites of any Released Party, or who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Rescripted and TMRW, will be disqualified and all associated entries will be void. Should any portion of the Giveaway be, in TMRW’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the TMRW, corrupt or impair the administration, security, fairness or proper play, or submission of entries, TMRW reserves the right at its sole discretion to suspend, modify or terminate the Giveaway and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to action. Notwithstanding the foregoing, TMRW may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE GIVEAWAY WEBSITES OR APPLICATIONS OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TMRW RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. ARBITRATION/GOVERNING LAW: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND HELD IN THE STATE OF COLORADO, CITY OF DENVER; (2) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (3) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE OF COLORADO, CITY OF DENVER.
12. GOVERNING LAW. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Giveaway, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the City of Denver in the State of Colorado. The parties agree not to raise the defense of forum non conveniens.
13. USE OF DATA. TMRW and Rescripted will be collecting personal data about entrants, in accordance with their privacy policies. This data may be used for purposes such as marketing communications. You can unsubscribe from either list at any time and subscription is not a requirement for eligibility. Please review TMRW’s privacy policy https://www.tmrw.org/privacy-policy and Rescripted privacy policy https://rescripted.com/posts/privacy-policy. By participating in the Giveaway, entrants hereby agree to Rescripted and TMRW’s collection and usage of their personal information and acknowledge that they have read and accepted Rescripted and TMRW’s privacy policy.
14. REQUEST FOR WINNER: For the name of the winners, available after 11/17/22, send a self-addressed, stamped, envelope to: Rescripted, ATTN: Charlotte Medenwald, 1624 Market St Ste 226, PMB 69774, Denver, Colorado 80202-1559 US.
