Terms & Conditions for Sunfish Giveaway

Terms & Conditions for Sunfish Giveaway
Sunfish November Giveaway

Official Rules

10 people commencing IVF journeys in select regions will each be selected to win a $1,000 general gift card.  See below for terms and eligibility.
No Purchase or Payment of Any Kind is Necessary to Enter or Win. 

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• 1. Eligibility
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• This Giveaway is open only to legal residents of the fifty (50) states of the United States of America and the District of Columbia (the “USA”) who are 18 years of age or older at the time of entry. Entrants must have a valid email address and phone number to receive emails or phone calls from the Sponsor. By participating in this Giveaway, participants acknowledge compliance with, and agree to be bound by, these Giveaway Rules and the decisions of Sponsor which are final in all respects. Entrants who do not comply with any of the Giveaway Rules are subject to disqualification by the Sponsor, in its sole discretion.
• Employees of the Sponsor, its parent, related and affiliated companies, representative or mandatary, subsidiaries, departments or agencies, suppliers, advertising and Promotional agencies, Promotion administrators, any other parties engaged in the development, production or distribution of Promotion materials, and those living in the same household may not enter the Giveaway.
• You are ineligible to participate in this Giveaway if you are:
• • Not planning to evaluate or obtain fertility treatments in the following regions (Idaho, Michigan, Montana, New York (Albany and Onondaga County), North Carolina, Pennsylvania, Utah).
• • Not initially intending to start your journey ‘now or in the next month’. You are not required to be an IVF patient or to purchase IVF services as a condition of entry. You must only have formed an intention to start your IVF journey by seeking or evaluating IVF services within the month following your entry in one of the regions described above.

• 2. Giveaway Dates and Time
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• The Giveaway begins on November 9th, at 6:00 p.m. PST and ends on November 30th, 2023, at 11:59 p.m. PST (“Giveaway End Date”), after which time the Giveaway will end, and 10 eligible entrants will be randomly selected to win a $1,000 Amazon gift card. Winners will be contacted via email on December 2nd, 2023. Note to Florida and New York Residents: no more than 4 gift cards may be won by residents of New York and no more than 4 gift card prizes may be won by residents of Florida.
• On December 1, 2023 at 11:00 am PT, the Sponsors or an employee, agent or other representative of the Sponsors, will conduct a random draw from all eligible entries received before the Giveaway End Date and select the potential winners (the “Selected Entrants”). Before being declared a Prize Winner, the Selected Entrant will be required to confirm they comply with all Giveaway Rules, all in the sole discretion of the Sponsors.  The value of the prize is taxable as income to the winner and as a condition of receiving a prize, each winner must timely complete and return to Sponsor an IRS Form W-9, including winner’s valid Social Security or Tax Identification Number, which will be used solely for tax reporting purposes. If the Selected Entrant does not meet these requirements, the Selected Entrant will be disqualified and will forfeit all interest in the Prize and another entrant will be selected by way of a random draw from the remaining eligible entries to become the Selected Entrant.
• The Selected Entrants will be notified by email on December 2nd, 2023. Upon establishing contact with a Selected Entrant and taking care of the required eligibility formalities referred to above, a Selected Entrant will become a Winner. If a Selected Entrant does not or cannot accept the Prize in accordance with these Official Rules, he or she may be disqualified and a new Selected Entrant may be selected by random draw, in the Sponsor’s sole discretion. The Sponsor is not responsible for the failure for any reason whatsoever of a Selected Entrant to receive notification or for the Sponsors to receive a Selected Entrant’s response. A signed copy of the Sponsor’s Winner Release and IRS Form W-9 must be received by the Sponsorrs no later than ten (10) business days following the first notification.
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• 3. How to Get Access
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• To get access to the Giveaway, you must comment ‘GOLD’ on the Giveaway Instagram Post.
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• You need to have a valid email address and phone number and consent to receive the Sponsor’s email newsletters to enter into this Giveaway. You can unsubscribe from both email lists at any time.
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• All entries must be complete and are subject to verification by the Sponsors, in its sole discretion. Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to get the Giveaway, or any other methods not authorized by these Giveaway Rules, for example, but not limited to, creating multiple email addresses, identities, social accounts or registrations to obtain more than one (1) entry, all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from getting the Giveaway (as defined in Section 4). Entries that contain false or incomplete information are void. Entries that are late, misdirected, or that do not conform with or satisfy any or all of the conditions of the Giveaway Rules are void. Notwithstanding the Promotional emails that will be sent to participants such as newsletters, no correspondence will be entered into except with the Selected Entrant (as defined in Section 6). Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.

• 4. Giveaway
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  There are ten (10) gift cards (the “Giveaway”) to be given to ten (10) people that consists of: $1,000 Amazon gift card. The Giveaway recipients must have a valid US mailing address. The Sponsor of this Giveaway is Sunfish Solutions, LLC (“Sunfish”), located at 2219 Main St, Suite 660, Santa Monica, CA 90405. Sunfish Solutions, LLC may be contacted via email at prodriga@joinsunfish.com or by phone at (501) 775-0064.

• 5. Promotion Recipient Selection
  
• Entrants must indicate in their initial submission they plan to conduct their fertility journey in one of the following regions:
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• Idaho
• Michigan
• Montana
• New York (Albany and Onondaga County)
• North Carolina
• Pennsylvania
• Utah
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• Disputes regarding identity of participants: If the identity of a Selected Recipient is disputed, the entry will be deemed to have been submitted by the individual assigned to the email address entered at the time of entry (the “Authorized Account Holder”). The Selected Entrant may be required to provide proof that the Selected Entrant is the Authorized Account Holder associated with a selected entry.
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• To qualify, entrants must indicate in their initial submission that they are seeking to start their IVF journey ‘Now or next month’ and must indicate they will conduct their fertility journey in one of the eligible regions. No purchase is necessary. Sponsor reserves the right to verify the validity of this information upon selecting winner(s). Distribution of funds shall be dependent on scheduling call with Sunfish for identify verification purposes before December 15, 2023. Odds of winning are estimated 1 in 500 but ultimately depend on the number of eligible entries received. Specifically in the state of New York, a maximum of four (4) winners will be selected, for a total of $4,000.
•  Your enrollment form lists other regions – NYC and CA.  If the intent is to include these regions, please add them to the list here.  If the intent is not to include IVF journeys in these regions, then I would take them off the list of options on the enrollment form.

• 6. Release
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  The Giveaway Recipients must (i) confirm compliance with all Giveaway Rules; (ii) release, discharge and hold harmless the Sponsors, any company, corporation, trust or other legal entity controlled by or affiliated to the Sponsors, their advertising and Promotional agencies, their employees, representatives and mandataries, its counsel, marketing partners, Facebook, Instagram and each of their respective directors, officers, employees, shareholders (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss, damage resulting from the acceptance, use or non-use of the Discount, the use of the Discount Receiver’s data by Sponsors, and the amendment, modification or termination of this Giveaway or its Giveaway rules and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees that any of the Released Parties may suffer or incur as a result of any non-compliance by participants with any of the Giveaway Rules or participation in the Giveaway.

• 7. Liability limits: conduct of the Promotion
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  The Sponsors and the Released Parties disclaims all liability for, and will not have any liability for, any of the following: (i) acceptance, use, misuse, or non-use of the Giveaway that may be awarded; (ii) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Giveaway or be awarded the gift card; (iii) technical and/or communications failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software; (iv) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (v) if the gift card cannot be awarded due to circumstances beyond the Sponsor’s reasonable control; (vi) lost, incomplete, delayed, mutilated or misdirected entries or Entrant’s Release; (vii) injury or damage to participants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Giveaway; (viii) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; (ix) late, lost, misdirected or unsuccessful efforts to notify a Selected Entrant; (x) the amendment, modification or termination of this Giveaway or its Giveaway Rules; or (xi) any breach of this Giveaway Rules by the participant.

• 8. Indemnification
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  Each Giveaway participant agrees to indemnify the Released Parties against any loss, damage or expense, including legal fees that any of the Released Parties may suffer or incur because of any claim by the Giveaway participant relating participation in the Giveaway or the Giveaway Rules.

• 9. Rule Amendments
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  The Sponsors reserves the right to amend or modify these Giveaway Rules or to terminate or amend this Giveaway at any time and in any way, without prior notice to participants. Without limiting the foregoing, if, for any reason, the Giveaway is not capable of running as originally planned for any reason, for example in case of fraud or contamination by a computer virus, the Sponsors reserves the right to cancel the Giveaway and select from all previously received eligible entries received by the Giveaway End Date.

• 10. Use of Instagram, Facebook & TikTok
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  This Giveaway is not sponsored, endorsed or administered by, or associated with, Instagram, Facebook or TikTok. All personal information provided in this Giveaway is provided to the Sponsors and not Instagram, Facebook or TikTok. Participants must fully release and hold Instagram, Facebook or TikTok harmless from liability, and acknowledge that the promotion is in no way sponsored, endorsed, administered by, or associated with Instagram, Facebook or TikTok.

• 11. Law
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  The Giveaway is void where prohibited by law. Unless otherwise prohibited by law, this Giveaway shall be governed exclusively by the laws of Delaware.

• 12. Invalidity
• The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provisions. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Giveaway Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
  
  13. Winners List
  
• To request a list of winners , email us at support@joinsunfish.com.