SWEEPSTAKES DETAILS & RULES
Bundl Fertility, LLC (“Bundl”), My Egg Bank North America, LLC (“MEBNA”), Prelude Fertility, Inc. (“Prelude”) and Circle Surrogacy, LLC (“Circle Surrogacy”) (Bundl, MEBNA, Prelude and Circle Surrogacy are the “Sponsors”). Bundle Pride National Campaign Giveaway Rules & Conditions.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND
MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Bundl, MEBNA, Prelude and Circle Surrogacy’s Pride national campaign giveaway (the “Giveaway”) is open to U.S. citizens or permanent legal residents of the United States of America who are at least eighteen (18) years old at the time of entry. Employees of Bundl, MEBNA, Prelude and Circle Surrogacy and other companies associated with the promotion of the Giveaway, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
The Giveaway is subject to federal, state, and local laws and regulations.
The Giveaway is Sponsored by Bundl Fertility, LLC; My Egg Bank North America, LLC; Prelude Fertility, Inc., and Circle Surrogacy, LLC located at 6750 West Loop South, Ste 395, Bellaire, TX 77401; 1100 Johnson Ferry Road NE, Ste 460, Atlanta, GA 30342; 6750 West Loop South, Ste 395, Bellaire, TX 77401 and 200 High Street, Ste 600, Boston, MA 02110 respectively. Please address any questions to Travis Lairson at firstname.lastname@example.org, Nicole R. Braley at email@example.com or Matthew Maruca at firstname.lastname@example.org
3. Agreement to Giveaway Rules
Participation in the Giveaway constitutes participant's full and unconditional agreement to and acceptance of these Giveaway Rules and Agreement (hereafter “Rules” or “Agreement”) and the decisions of the Sponsors, which are final and binding. Winning a prize is contingent upon being compliant with these Rules and fulfilling all other requirements set forth herein.
4. Giveaway Period
The Giveaway begins on June 1, 2021 at 8:00 AM CT and ends on June 30, 2021 at 5:00 PM CT (the “Giveaway Period”). Entries that are submitted before or after the Giveaway Period will be disqualified. Submissions will be accepted for the duration of the Giveaway upon completion of the application (the “Application”) at the following website: www.pridejoybaby.com (the “Website”).
5. How to Enter
NO PURCHASE NECESSARY TO ENTER OR WIN: The Application will be available on the Website during the duration of the giveaway period. Each participant will be allowed to submit his/her information only once. All entries and associated data, including any information provided by participant, become the property of Sponsors and will not be acknowledged or returned. Each entry will be eligible for each prize. However, once an entry has been selected as a winner it will no longer be eligible for subsequent prize drawings.
6. Prize Drawing
On or about July 1, 2021, the Sponsors will select one grand prize winner in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsors will attempt to notify such potential winner via telephone or email on or about July 1, 2021. In the event a winner’s name has already been drawn, an alternate potential winner’s name will be drawn. One prize per individual. Sponsors reserve the right to make additional prizes available. By agreeing to accept any offered prize, the potential or actual winner agrees to be bound by the terms of this Giveaway, its rules, and this Agreement.
Sponsors will offer the following grand prize:
2 retrievals from either partner (if desired, could be same individual twice);
Egg lot of 6 frozen donor eggs, with the donor being selected through EDC or another platform used by the applicable egg bank;
Unlimited FETs into either partner (based on physician recommendation);
$5,000 grant/allowance to use for any services not covered by Bundl, MEBNA, Prelude and Circle Surrogacy;
The following services that are included Circle’s fixed cost package for gestational carriers:
Surrogacy program agency fee
Surrogate legal, screening, and support
Intended parent legal rights
All services listed will be provided by a clinic part of The Prelude Network®. No services can be transferred to a clinic which is not part of The Prelude Network®
RETAIL VALUE (EACH)
ODDS OF WINNING
The above list of services provided to the winners of the prizes is a general description; the specific treatment plan and services provided will be determined by the treating physician. The prizes to do not constitute the entire potential costs of a course of treatment. Some of the services needed by the winner in order to attempt to achieve a pregnancy might not be included in the prizes. Such services include, but are not limited to the following: PGT testing, FDA testing, medications, any third-party services, cost to procure sperm, advance on surrogate expenses, surrogate expenses, surrogate insurance expenses. An exhaustive list of services needed in order to attempt to achieve a pregnancy cannot be provided until the winner proceeds with an initial consultation with the treating physician. Such services must be received and provided by one of the clinics part of The Prelude Network®. More details on the services included in each prize can be requested in writing from Bundl, MEBNA, Prelude and Circle Surrogacy by sending an e-mail to Travis Lairson at email@example.com
7. Notification of Winners
Becoming a potential winner is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. Except where prohibited by law, each potential winner may be required to sign and return a Declaration of Compliance and Liability and Publicity Release and provide any additional information that may be required by Sponsors (collectively “Declaration of Compliance”). The potential winners will be notified via telephone or email. Each potential winner will be required to complete, electronically sign, and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected as described herein.
If the potential winners cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsors may select alternate potential winners at random from the remaining non-winning, eligible entries. If a potential winner cannot be contacted or fails to submit the Declaration of Compliance within the required time period, or prize is returned as undeliverable, Sponsors reserve the right to award the prize to another eligible participant. In the event there are not enough eligible entries, not all prizes will be awarded. Sponsors’ decisions on the award of prizes, subject to these terms, are final and binding.
If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsors reserve the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winner’s behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. If a potential winner is disqualified for any reason, Sponsors will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be awarded by approximately 2 weeks after the
conclusion of the Giveaway.
See Section 6 for a complete list of prizes.
Winners will receive a prize as specified in the particular Giveaway announcement. Giveaway prizes are awarded “AS IS” and are non-transferable, non-assignable and non-refundable. No substitution for cash or other prize may be requested by any potential or actual winner (and no winner has the right under these Rules to receive substitution for cash or other prizes), provided however, that Bundl, MEBNA, Prelude and Circle Surrogacy reserves the right (but has no obligation) to substitute a prize, or component thereof, with another prize, or component thereof, of equal or greater value should the awarded prize not be available for any reason as determined by Bundl, MEBNA, Prelude and Circle Surrogacy in its sole discretion. By participating in the Giveaway, Participants acknowledge s/he is not entitled to cash substitution, and under no circumstances will the prize be substituted for cash consideration. Participants also acknowledge that Giveaway prizes are awarded by Bundl, MEBNA, Prelude and Circle Surrogacy and that the Giveaway is in no way Sponsored, endorsed, or administered by anyone other than Bundl, MEBNA, Prelude and Circle Surrogacy. Receipt of a prize is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes and fees, and additionally any travel or lodging costs associated with obtaining the benefit of any prize shall be the sole responsibility of each Giveaway winner. If applicable, winners will be issued an IRS Form 1099 and must complete an IRS Form W-9 in connection with the actual value of their prize.
9. General Conditions
All federal, state, and local laws and regulations apply. Sponsors reserve the right to disqualify any participant from the Giveaway if, in Sponsors’ sole discretion, it reasonably believes that the participant has attempted to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participant or the Sponsors.
In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Giveaway is unable to run as planned for any other reason, as determined by Sponsors in its sole discretion, the Sponsors may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Rules or (b) terminate the Giveaway and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsors reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsors reserve the right to seek legal redress and damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsors to enforce any provision of these Rules shall not constitute a waiver of that provision. Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria or any criteria described herein will be disqualified. Sponsors accepts no responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused.
10. Release and Limitations of Liability
By participating in the Giveaway, participants agree to release and hold harmless as well as indemnify the Sponsors, and each of its respective parents, owners, employees, contractors, subsidiaries, affiliates, advertising and promotion agencies, other companies or individuals associated with the Sponsors or the Giveaway, and each of its respective officers, directors, employees, shareholders, contractors, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of the prizes (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Giveaway, including but not limited to lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Giveaway; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Giveaway, including, without limitation, errors that may occur in the administration of the Giveaway, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Giveaway-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Giveaway or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Participant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the participant be entitled to receive attorney's fees or costs. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Released Parties, site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
BY PARTICIPATING IN THIS GIVEAWAY, YOU ARE WAIVING YOUR RIGHT TO A JURY OR BENCH TRIAL AND YOU ARE AGREEING TO ARBITRATE ALL CLAIMS ARISING OUT OF OR RELATED TO THIS GIVEAWAYS.
Any other disputes relating to this Giveaway which cannot be resolved by the parties in good faith
discussions shall be submitted to mediation in the County of Harris, Texas, administered by a person mutually agreeable to the parties or if there is no mutual agreement, at the request of either party the matter shall be submitted to the Judicial Arbitration and Mediation Services (“JAMS”) for mediation. Mediation before a mediator shall proceed and continue until such time as the matter is either resolved or the mediator finds or the parties agree that mediation should not continue. The parties shall share equally the costs of any mediation, and each party shall bear its or her own costs in connection therewith. If the parties cannot resolve the dispute through the mediation process detailed above, the matter shall be settled by binding arbitration in Houston, Texas, in accordance with the then-current rules of the JAMS, and judgment upon the award entered by the arbitrators may be entered in any Court having jurisdiction hereof. The parties shall share equally the costs of any arbitration, and each party shall bear its or her/his own costs in connection therewith. Said arbitration shall be conducted in the English language.
The prevailing party in any arbitration under this Section, in any court proceeding to compel arbitration, or in any court proceeding brought to enforce an arbitration award after it is rendered by the arbitrator, shall be entitled to its costs, including reasonable attorneys' fees. Service of the Petition to Confirm the Award of the Arbitrator shall be complete on personal delivery or the deposit of the Petition and notice in the United States Mail. Should the party that initiated the cause of action either dismiss or abandon all claims before a final hearing thereon, the other party shall be deemed the “prevailing party” pursuant to this Agreement. Should both parties receive judgment or award on their respective claims, the arbitrator shall determine which of the parties shall be deemed the “prevailing party” for purposes of this Agreement. Any claim as to whether this Agreement should be subject to arbitration or the enforceability of any provision of this Section 11 shall be resolved by arbitration conducted in accordance with this Section.
Any and all claims brought forth pursuant to this Agreement may only be brought in a party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any forum. Arbitration relating to any and all disputes relating to this Agreement or its breach, shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on basis involving claims brought in a purported representative capacity on behalf of others. This means neither you nor we may join or consolidate claims in arbitration by or against any Sponsors. The arbitrator's authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. The validity of this Class Action Waiver is governed by Federal Arbitration Act, 9 U. S. C. §2 and its subsequent interpretation by the U.S. Supreme Court decisions of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), and DIRECTV, INC. v. Imburgia 577 U.S. (2015).
AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSORS ALL DOCUMENTATION REQUESTED BY SPONSORS TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING. ALL PRIZES WILL BE NET OF ANY TAXES SPONSORS IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must
submit tax documentation requested by Sponsors or otherwise required by applicable law, to Sponsors or a representative for Sponsors or the relevant tax authority, all as determined by applicable law. The potential winner and finalists, and if the winner/finalist is a minor, their parents or legal guardians, are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsors may, in its sole discretion, select an alternate potential winner.
By entering the Giveaway, Participants agree to participate in any media or promotional activity resulting from the Giveaway as reasonably requested by Sponsors at Sponsors’ expense and agree and consent to use of their name and/or likeness by Sponsors. Sponsors will contact participants in advance of any Sponsors-related media request for interviews.
15. Not an Offer or Contract of Employment. No Doctor-Patient Relationship
Under no circumstances shall participation in the Giveaway, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Sponsors, or the Released Parties. Participants acknowledge that they submitted their entry voluntarily and not in confidence or in trust. Participants acknowledge that no confidential, fiduciary, agency, doctor- patient, clinic-patient, or other relationship or implied-in-fact contract now exists between Participant and Sponsors and that no such relationship is established by Participant's submission participation under these Rules.
16. Winners List
Due to HIPAA restrictions, a winners list will not be made available.