Terms and conditions for sweepstakes
1. By submitting an entry, you fully and unconditionally agree
to and accept these Official Rules. "You" means the person who
submits an entry.
2. Sweepstakes is void where
prohibited. All federal, state and local laws and regulations
apply. Subject to any governmental approval that may be required,
CyberPT Inc reserves the right to, without prior notice and at any
time, terminate the Sweepstakes, in whole or in part, or modify
Sweepstakes in any way, should any factor interfere with its proper
conduct as contemplated by these Official Rules. Sweepstakes will
begin on March 17, 2011 and will end on May 6, 2011. CyberPT
Inc reserves the right, in its sole discretion, to cancel the
sweepstakes in its entirety because of non-authorized human
intervention.
3. Eligibility.
Sweepstakes is open only to legal residents of the United States. In
order to be eligible to win, the student must have a valid e-mail
address on file on the date of the drawing and must provide proof of
enrollment at an accredited physical therapy or physical therapy
assistant school. For those graduating in May of 2011 proof of
payment for the national physical therapy boards examination must be
provided.
4. Effective date of
entries. Entries made online will be effective on the day
received and completely processed by CyberPT Inc. All entries become
the exclusive property of CyberPT Inc and will not be acknowledged
or returned. You are responsible for your costs of entering,
including online access charges and long distance telephone charges.
5. Selection of winner.
Winner will be determined by a random drawing from all eligible
entries received and processed at least one day prior to the
drawing. The drawing will be held on May 12, 2011 or as soon as
is commercially reasonable. Winner must agree to the use of their
name, voice, and likenesses for the purpose of advertising, trade or
promotion without further compensation, unless prohibited by law.
6. Notification of winner.
Sweepstakes winner will be notified by e-mail within one week the
drawing. All decisions are final and binding. Should an e-mail
notice be returned to CyberPT Inc as invalid, one more attempt will
be made via e-mail; and if the notice is returned a second time, a
new winner will be selected randomly. Winner must contact CyberPT
Inc in accordance with instructions on the notice and execute an
Affidavit of Eligibility and Liability Release and, where legal, a
Publicity Release within 10 days after the date the notice is sent
in order to claim their prize. Failure to complete these steps
within that 10-day period will result in disqualification of the
selected winner and a new winner will be selected from eligible
entries in a commercially reasonable period. No exceptions will be
made to this rule. CyberPT Inc is not responsible for and will not
be liable for late, lost, misdirected or unsuccessful efforts to
notify winner. The prizewinner will be posted at
www.cyberpt.com.
7. Odds of winning. The
odds of winning any drawing will be determined by the number of
eligible entries received.
8. In the event of a dispute
regarding who submitted an entry, the entry will be deemed submitted
by the individual named in the online entry based off the offline
sign up sheet. IMPORTANT: Any person attempting to forge entry or to
defraud CyberPT Inc in any way in connection with this Sweepstakes
will be prosecuted to the fullest extent of the law. Any attempt by
a participant or any other individual to deliberately damage any Web
site or undermine the legitimate operation of the Sweepstakes may be
a violation of criminal and civil laws and should such an attempt be
made, Sponsor reserves the right to prosecute any such individual to
the fullest extent of the law.
9. Prize. Two prizes will
be awarded. The prize will be two $250 scholarships to be used
towards the student’s tuition at an accredited physical therapy or
physical therapy assistant school or towards the reimbursement of
the national physical therapy boards examination. The scholarship
check will be made out to the student and the institution the
individual is attending.
10. Other conditions. CyberPT
Inc, its agents and representatives, its parent companies,
affiliates, subsidiaries, advertising, promotion and fulfillment
agencies and legal advisors are not responsible for and will not be
liable for; (I) late, lost, damaged, misdirected, incomplete, or
unintelligible entries; (II) telephone, electronic, hardware or
software program, network, Internet or computer malfunctions,
failures or difficulties of any kind; (III) failed, incomplete,
garbled or delayed computer transmissions; (IV) any condition caused
by events beyond the control of CyberPT Inc that may cause
Sweepstakes to be disrupted or corrupted; (V) any injuries losses or
damages of any kind arising in connection with or as a result of the
Sweepstakes, acceptance, possession or use of the name " CyberPT
Spring 2011 Scholarship Sweepstakes ", or from participation in the
Sweepstakes; or (VI) any printing or typographical error in any
material associated with the Sweepstakes.
11. Indemnification. You agree
to release and hold CyberPT Inc, its employees, officers, directors,
shareholders, agents, representatives, parent companies, affiliates,
subsidiaries, advertising, promotion and fulfillment agencies, and
legal advisors, harmless from any and all losses, damages, rights,
claims and actions of any kind in connection with the Sweepstakes or
resulting from acceptance, possession or use of the name " CyberPT
Spring 2011 Scholarship Sweepstakes ", including without limitation,
personal injury, death and property damage, and claims based on
publicity rights, defamation or invasion of privacy.
12. Resolution of disputes.
Except where prohibited by law, as a condition of participating in
this Sweepstakes you agree that (1) any and all disputes and causes
of action arising out of or connected with the Sweepstakes or any
prize 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 at the AAA regional office nearest Milwaukee, Wisconsin;
(2) the Federal Arbitration Act will 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 you be permitted to
obtain awards for, and you hereby waive all rights to claim,
punitive, incidental or consequential damages, or any other damages,
including attorneys' fees, other than your actual out-of-pocket
expenses (i.e., costs associated with entering the Sweepstakes), and
you further waive all rights to have damages multiplied or
increased.
13. Choice of law. All issues
and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and
obligations of you and CyberPT Inc in connection with the
Sweepstakes, will be governed by, and construed in accordance with,
the substantive laws of the Commonwealth of Wisconsin without regard
to Wisconsin choice of law rules.
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