Aya Loves Swag Instagram and Facebook Sweepstakes Official Rules

OFFICIAL RULES FOR AYA LOVES SWAG! INSTAGRAM AND FACEBOOK SWEEPSTAKES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE RULES GOVERN ALL ASPECTS OF PARTICPATION AND PRIZE AWARDS.
VOID WHERE PROHIBITED.

  1. The Sweepstakes. These Rules for the Aya Loves Swag! Instagram and Facebook Sweepstakes (the “Rules”) set forth the terms and conditions of the Aya Loves Swag! Instagram and Facebook Sweepstakes of Aya Healthcare (the “Sweepstakes”). This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.
  2. Eligibility. The Sweepstakes is only open to individuals who meet all of the following requirements at the time of entry: (i) is age 18 years or older and (ii) is a legal resident of the United States. Corporate employees of Aya Healthcare, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Corporate Employees”), and immediate family members or those living in the same household of Corporate Employees are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
  3. Agreement to Rules. By participating in the Sweepstakes, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, the Instagram Terms of Use available at http://instagram.com/about/legal/terms/, the Facebook Terms of Service available at https://www.facebook.com/terms.php, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Aya Healthcare, Inc. as final and binding as it relates to the content of this Sweepstakes.
  4. Sweepstakes Period. The Sweepstakes Period will be a daily, which starts at 8:00 AM PST and ends at 11:59 PM PST each day. Each day will be a new Sweepstakes. All entries must be received on or before 11:59 PM PST each day of the individual Sweepstakes Period. The days of the individual Sweepstakes will be run are:
    • Tuesday, July 20, 2021: 8:00 AM PST – 11:59 PM PST;
    • Wednesday July 21, 2021: 8:00 AM PST – 11:59 PM PST;
    • Thursday, July 22, 2021: 8:00 AM PST – 11:59 PM PST;
  5. How to Enter. You may enter the Sweepstakes by doing the below. You must enter each day of the Sweepstakes to receive an entry for that days prize.
    • By being a follower of Aya Healthcare Instagram (https://www.instagram.com/ayahealthcare) (“Aya Healthcare Social Media Account”). Then, like the post on the Aya Healthcare Instagram account, save that post, and tag a friend in the comments of the post. Clicking to follow Aya Healthcare on Instagram will prompt entrant to log-in to his/her Instagram account, if he/she is not logged in already. An Instagram account is required to enter this Promotion and is available for free at http://www.instagram.com. ALL STEPS MUST BE COMPLETED IN ORDER FOR AN ENTRY TO BE VALID. By entering, you understand that you are providing your information to Aya Healthcare, and not to Instagram.
    OR
    • You may enter the Sweepstakes by being a follower of Aya Healthcare’s Facebook page (https://www.facebook.com/ayahealthcare) (“Aya Healthcare Social Media Account”). Then, like the post and provide a comment on the post (the comment must be an answer to the question posed on the post). Clicking to follow Aya Healthcare’s Facebook page will prompt entrant to log-in to his/her Facebook account, if he/she is not logged in already. A Facebook account is required to enter this Promotion and is available for free at http://www.facebook.com. ALL STEPS MUST BE COMPLETED IN ORDER FOR AN ENTRY TO BE VALID. By entering, you understand that you are providing your information to Aya Healthcare, and not to Facebook.
  6. After submitting the required information, the entrant will receive one (1) entry into the daily drawing per entry method. For Instagram only, each time you tag a friend in the post you will get an additional entry; however, you cannot tag the same account, a new account must be tagged each time for an additional entry. On Facebook, you are only eligible for one (1) entry. Mass entries or mechanical reproductions, or late, lost, stolen, illegible, misdirected, damaged, inaccurate, incomplete, and/or postage due entries are void. Any attempt at entry except as above stated is void. All entries become the property of Aya Healthcare and will not be returned.
    The content submitted in an entry (a “Submission”) must be original and may not contain any material that violates or infringes any third party’s rights, including privacy, publicity or intellectual property rights, or contain any material that is inappropriate, unlawful, indecent, obscene, controversial, hateful, tortious, discriminatory, defamatory, slanderous or libelous or generally not in keeping with the image of Sponsor. Entries that are incomplete or do not adhere to the Rules may be disqualified at the sole discretion of Aya Healthcare.
    Additional Entry Conditions: Aya Healthcare has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry. Aya Healthcare is not responsible for lost, late, invalid, unintelligible, incomplete, garbled, or misdirected entries, which will be disqualified. No mailed, telephoned, faxed, or mechanically reproduced entries will be accepted. Proof of submission of an entry will not be deemed proof of receipt. Receipt of entries will not be acknowledged. In the event of a dispute as to any entry, the authorized account holder of the e-mail account used to enter will be deemed to be the entrant. The “authorized account” holder is the natural person assigned the e-mail account. Potential winners may be required to show proof of being the authorized account holder.
  7. Alternative Method of Entry: You may also enter each Sweepstakes by emailing Attn: Aya Loves Swag Instagram and Facebook Sweepstakes at ayahealthcare@ayahealthcare.com with your name and email address before 11:59 PST on the daily drawing day. There is no donation required to enter each Sweepstakes.
  8. Prizes. The Winner(s) of the Sweepstakes (the “Winner”) will receive the prize listed next to the day of the Sweepstakes:
    • 7/20/21 – T-Shirts (estimated fair market value of $24.00)
    • 7/21/21 – Full-Zip Hoodie (estimated fair market value of $37.00)
    • 7/22/21 – OGIO Convert Backpack (estimated fair market value of $75)

Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Aya Healthcare. No cash or other prize substitution shall be permitted except at Aya Healthcare’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Aya Healthcare to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

  1. Winner Selection. All eligible entries received during the daily drawing period will be entered into a drawing. Ten (10) winners will be selected and announced on the day following the daily drawing day from all eligible entries received during that daily period. Thirty (30) winners in total. By entering this Sweepstakes, the winner agrees to grant Sponsor and of its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors, the right to print, publish, broadcast, and use universe-wide in any media now known or later developed at any time or times, the winner’s name, portrait, picture, voice, likeness, and biographical information for any purpose, including without limitation, for advertising and promotional purposes without additional consideration, except where prohibited by law.
  2. Winner Notification. The potential prize winners will be notified via Instagram, Instagram messages, Facebook, Facebook messages or email depending on method of entry by winner. Each entrant is responsible for monitoring his/her e-mail account/Instagram for prize notification or other communications related to this Sweepstakes. If a potential prize winner cannot be reached by Sponsor within two (2) days using the contact information provided at the time of entry, or if prize notification is returned as undeliverable, that potential prize winner shall forfeit the prize.
  3. Odds: The odds of winning depend the number of eligible entries received.
  4. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Aya Healthcare, Inc., anyone acting on behalf of Aya Healthcare, Inc., and Aya Healthcare, Inc.’s affiliates, subsidiaries, licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, comments, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights and does not violate the privacy rights of any third party. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Aya Healthcare, Inc. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Aya Healthcare, Inc. from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Aya Healthcare, Inc. may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
  5. Terms & Conditions: Aya Healthcare, Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Aya Healthcare’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Aya Healthcare, Inc. may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Aya Healthcare. Aya Healthcare reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. Aya Healthcare has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Aya Healthcare reserves the right to seek damages to the fullest extent permitted by law.
  6. Limitation of Liability: By entering, You agree to release and hold harmless Aya Healthcare, Instagram, Facebook and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error in the administration of the Sweepstakes or the processing of entries.
  7. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in San Diego, California having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). Participant further waives all rights to have damages multiplied or increased.
  8. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Aya Healthcare website. To read the Privacy Policy, www.ayahealthcare.com/privacy-policy
  9. Winner List. To obtain a copy of the name of any winners or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope (where permitted by law) to: Aya Healthcare, Attn: Marketing – Contests & Sweepstakes, 5930 Cornerstone Court West Suite 300, San Diego, CA 92121. Requests must be received no later than sixth (60) days after the last day of the Sweepstakes Period.
  10. Sponsor. The Sponsor of the Sweepstakes is Aya Healthcare, Inc., 5930 Cornerstone Court West Suite 300, San Diego, CA 92121, United States.