Tesla Giveaway Terms & Conditions

Circularity Healthcare, LLC Giveaway

Official Rules

By entering this giveaway contest, you are providing information to Circularity Healthcare, LLC  headquartered at 790 E. Colorado Blvd., 9th Floor, Pasadena, California 91101 with a telephone number of (626) 244-8090 (the “Sponsor”).

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

NOTICE OF PANDEMIC: THE DELIVERY OF THE GIVEAWAY TO WINNER COULD BE DELAYED DUE TO THE GLOBAL PANDEMIC WHICH WAS DECLARED BY THE W.H.O. (WORLD HEALTH ORGANIZATION) AND THE UNITED STATES A NATIONAL EMERGENCY.  DUE TO THE UNPRCIDENTED NATURE OF THE COVID-19 PANDEMIC, SPONSOR AND TESLA RESERVE THE RIGHT TO LIMIT, EXTEND, REVISE, OR CANCEL THE GIVEAWAY IN EACH OF ITS SOLE DISCRETION AT ANY TIME.  PLEASE CHECK THIS PAGE FOR UPDATES RELATED TO THE PROMOTION.

The Giveaway: Sponsor will give one (1) winner a win a brand new 2020 TESLA MODEL Y having the following features: (1) Rear-Wheel Drive; (2) Blue Paint; (3) 19-inch Wheels; and (4) premium interior having an approximate retail value of $49,990 (the “Giveaway”). Sponsor reserves the right to change the above-referenced Giveaway specifications. Any costs associated with the Giveaway that are not expressly stated above are the sole responsibility of the Giveaway winner.  Any unclaimed prize will be forfeited by the Giveaway winner and will remain the property of Sponsor. The Giveaway is non-transferable and non-assignable. No Giveaway substitution is allowed. In no case will more than the stated number of Giveaways be awarded. Limit one Giveaway per entrant. Once an entrant has won a Giveaway, that entrant is not eligible to win another Giveaway in a subsequent drawing. If required, the Giveaway will be reported to the IRS in accordance with applicable law. Facebook.com, Inc. (“Facebook.com”) is hosting the Giveaway and registration to win the Giveaway will be through Facebook.com.  

Who May Enter:  The Giveaway is open to legal residents of the 50 United States and the District of Columbia who are 18 years or older with Internet access at time of entry. This promotion is void in Puerto Rico and where otherwise prohibited by law. Only entrants logging onto the Internet from within the 50 United States or the District of Columbia are eligible to enter the Giveaway. The following persons are not eligible to enter the Giveaway: (a) Sponsor’s employees, its affiliates or subsidiaries, (b) employees of any organizations directly involved with this Giveaway, (c) immediate family members and persons living in the same household as the persons identified in (a) or (b) above.

How To Enter:  To enter to win the Giveaway, you must: (a) submit an entry using the online form; (b) fulfill all requirements set forth in these Official Rules, as specified, to be eligible to win the Giveaway; (c) provide all the information requested in the online form. Entries that are incomplete or entries that do not adhere to these Official Rules (the “Rules”) may be disqualified at Sponsor’s sole discretion. You must provide the information requested on the online entry form to be deemed entered to win the Giveaway. You are limited to one entry per person. Sponsor will not be responsible for lost, late, incomplete, stolen, illegible, or misdirected entries due to any reason. Entries submitted using any kind of bot or automated technology will be deleted.

Random Drawing:  There will be one winner of the Giveaway. A Random drawing is TBA (to be announced) via the e-mail address supplied on your online entry form. All Winners shall provide their company name, title, address and telephone number to Sponsor. All decisions of the judges are final. No cash or other prize substitution shall be permitted except at Sponsor’s discretion. The Giveaway is nontransferable. Any and all Giveaway-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of winner. Acceptance of the Giveaway constitutes permission for Sponsor to use the winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

Odds of Winning:  The Giveaway is non-transferable, has no monetary value, and cannot be redeemed for cash. Sponsor makes no representation or warranties concerning the appearance, safety or performance of the Giveaway or any prizes awarded. The odds of winning depend upon the number of valid entries received. Sponsor reserves the right to substitute an alternative giveaway or prize of equal or greater value. The Giveaway will be awarded “as is” with standard manufacturer warranties and guarantees.

Claiming the Giveaway:  All properly claimed Giveaway prizes will be awarded. By accepting the Giveaway, the winner consents to Sponsor’s use of their name, photograph and/or likeness, address, voice, and statements made by or attributed to them in perpetuity, in any and all media now known or hereafter developed for all business purposes without additional compensation unless prohibited by law. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. For purposes of these Rules, the phrase “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Privacy:  Sponsor will be collecting personal data about entrants in accordance with the terms of several privacy policies, including, Sponsor and Facebook.com. By participating in the Giveaway and submitting an entry for the Giveaway, you agree to the collection and usage of your personal information by these entities and/or their affiliates. You further acknowledge that you have read and accepted the terms of their respective privacy policies, which can be accessed as follows:  https://doxyva.com/privacy-policy/. Sponsor has the right to collect personal data about entrants and share the information between Sponsor and its affiliates. All information collected by Sponsor in connection with each entry will be subject to the terms of Sponsor’s applicable Privacy Statement as provided herein. Each participant in this Contest may obtain a copy of the applicable Privacy Policy by clicking on the links above. By entering the Contest, entrants agree to receive future emails from Sponsor about its products and services. Winners agree that their name, locality, and prize awarded will be published on the Winners List.

Limitation of Liability: By submitting an entry and entering to win the Giveaway, participants release and hold harmless Sponsor and its parents, subsidiaries and affiliated companies, as well as its directors, officers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with the Giveaway or acceptance or use of any prize or giveaway won.

Miscellaneous Terms & Conditions: The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Giveaway or downloading any materials in this Giveaway. If for any reason this Giveaway is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and/or to cancel, terminate, modify or suspend the Giveaway. Sponsor reserves the right to make rule changes, and change the aforementioned Giveaway dates.

Right to Cancel Giveaway:  Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway.

Facebook: The Giveaway is sponsored by Sponsor and hosted by Facebook.com is in no way sponsored, endorsed, administered by, or associated with Facebook.com. By entering into this Giveaway contest, each entrant waives any and all claims of liability against Sponsor and Facebook.com, and their respective parents, affiliates, officers, directors, employees and agents, for any and all claims, loss, damage or injury which may occur as a result of entrant’s participation in this contest.   

Disputes, Releases, and Waivers/Limitations of Liability: By entering the Contest, each entrant agrees on behalf of himself/herself: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final; (b) to waive any rights to a claim of ambiguity with respect to these Official Rules, disclosures, or advertising materials; (c) to WAIVE ALL OF HIS/HER RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING IN ANY FEDERAL OR STATE COURT OF LAW AND TO A JURY TRIAL AGAINST ANY OF THE SPONSOR OR THE RELEASEES IDENTIFIED BELOW IN CONNECTION WITH THE CONTEST; (d) to forever and irrevocably release, defend, indemnify, and hold harmless Sponsor and its officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any liability, known or unknown, (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, right of publicity or infringement or violation of any intellectual property or other rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity); and (e) to WAIVE, AND DOES HEREBY WAIVE, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) THAT MAY ARISE in connection with: (i) the contest, including, but not limited to, any contest-related activity or element thereof, and the entrant’s entry, participation or inability to participate in the contest, (ii) the violation of any third party privacy, personal, publicity or proprietary rights, (iii) typographical errors or inconsistencies in these Official Rules and/or any Contest promotional materials, (iv) acceptance, attendance at, participation in, possession, travel related to, defects in, delivery of, use, misuse or inability to use any prize (or any component thereof), (v) any change in the prize (or any components thereof) due to reasons beyond Sponsor’s control, (vi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Releasees, or any of their agents or employees, (vii) a lost, late, stolen or misdirected prize (or any element thereof), or (viii) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsor and its designees. Winner assumes all liability for any injury, theft, personal injury, death, illness, accident or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of prize, including those associated with travel to redeem the prize. Entrants agree to release, discharge and hold harmless Releasees from and against any and all liability and damages.  By participating in this Contest, entrants agree to be bound by the Official Rules and that the Sponsor’s decisions which are final and binding.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials or promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control.  Promotion Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize winners.

NOTICE TO ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION/CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Disclaimer: Do not contact Tesla related to this Giveaway. Winner will be required to set up a Tesla Account and the contract and transaction for the vehicle will be between Winner and Tesla, and Tesla’s terms and conditions will apply. See here https://auth.tesla.com/login and here https://www.tesla.com/support/model-3-ordering-faq for some additional information.  Should Winner select any other color or features for the vehicle above the ARV amount, Winner will be responsible for any additional fees or costs and Winner is solely responsible for any required fees such as tax, title, and fees on the vehicle. The Giveaway will be ordered approximately four (4) to six (6) weeks after the Winner is selected, and delivery is dependent upon Tesla. Tesla’s ability to manufacture vehicles during the pandemic has been interrupted and this may impact sales and distribution capabilities and timelines. The Giveaway will be awarded only upon Winner redemption, confirmation, verification and final approval by Tesla. Neither Sponsor nor Facebook is responsible for late, lost, stolen, damaged, delayed, or undelivered prizes. THE GIVEAWAY IS AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SPONSOR. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH GIVEAWAY ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNER’S SOLE RESPONSIBILITY. The Giveaway product is not for use by or sale to minors. All trademarks and copyrights are property of their respective owners and are not affiliated with nor do they endorse this product. Neither Sponsor nor its parents, subsidiaries and affiliated companies, as well as its respective directors, officers, employees and agents are responsible for any information made available by Tesla. Sponsor disclaims any and all liability and responsibility whatsoever for any injury, death, loss, damage or other prejudice of any kind whatsoever that may arise as a result of, or in connection with, the procurement, distribution and/or use of any technology embodied in the compendium, or of any resulting Giveaway product.

Dispute Resolution: Any disputes, claims, causes of action, judgments or awards related to the Contest, arising out of or connected in any way with the Contest or the award of prizes and the matters addressed above, including construction, validity, interpretation and enforceability of these Official Rules, (1) shall be governed by the laws of the State of New York without regard to any conflict of laws principles (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York; (2) SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, WHICH IS HEREBY EXPRESSLY WAIVED; (3) shall be subject to mediation prior to the initiation of any proceeding, with each party to the mediation to bear his, her or its own attorney’s fees and costs for such mediation, and, if mediation is unsuccessful, shall be subject exclusively to final and binding arbitration under the auspices of the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules, with each party to the arbitration to bear his, her or its own attorney’s fees and costs for such arbitration; (4) shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees. Under no circumstances will entrant obtain awards for other than actual out-of-pocket expenses (if any), and entrant hereby waives all rights to claim, any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if they Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, attorneys’ fees), and any and all rights to have damages multiplied or otherwise increased.

LIMITATION OF LIABILITY, NO INJUNCTIVE RELIEF: IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR INVOLVEMENT IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE CONTEST OR ANY OTHER PRODUCTION OR PROJECT OF FIRST HOME BANK, ITS LICENSORS OR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES OR AFFILIATES.

DISCLAIMER FOR USE ON MARKETING MATERIAL

NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF THE ENTRY WINNING. This promotion is independently overseen and conducted by law firm of K&L Gates. This promotion is open only to legal residents of the United States and the District of Columbia who are living in the United States and the District of Columbia and who are at least 18 years of age. This promotion is void in Puerto Rico and where otherwise prohibited by law. The odds of winning depend on the number of valid entries submitted prior to each drawing. Winners are responsible for taxes associated with the Giveaway. For method of entry, please click here. For our Official Rules, please click here. For the Facebook.com Giveaway Privacy Policies, please click here.

In no case shall Sponsor and/or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the use of any of Sponsor’s services or products or any Sponsor’s products procured using the service, or for any other claim related in any way to the use of any Sponsor’s products or services. 

Common Sense Caution: SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SPONSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE GIVEAWAY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Specifically, Sponsor is not liable for any costs, such as lost products or revenue, loss of equipment, loss of use of equipment, costs of substitutes, claims by third parties, or otherwise.