Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. 

OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD (OR THE LOCAL AGE OF MAJORITY IN THE JURISDICTION WHERE THE PARTICIPANT RESIDES, IF HIGHER THAN 18) AND INDIVIDUAL HEALTHCARE PROFESSIONALS WHO HAVE AN ACTIVE MEDELY USER ACCOUNT AS OF MAY 6, 2024 AT 12:00 AM CST.

VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. Sponsor

Medely, Inc., 2355 Westwood Blvd, #412, Los Angeles, CA 90064 (“Sponsor”).

This Giveaway is in no way sponsored, endorsed or administered by, or associated with Meta, Instagram, or Facebook. You understand that you are providing your information to Sponsor and not to Meta, Instagram, or Facebook. You agree to release and hold Meta, Instagram, or Facebook harmless from all liability and claims arising out of, or in connection with, this Giveaway. Any questions, comments or complaints regarding this Giveaway should be directed to Sponsor and not to Meta, Instagram, or Facebook.

  1. Eligibility

The Medely National Nurses Week 2024 Giveaway (the “Giveaway”) is open only to individuals who are (a) legal residents of the fifty (50) United States and the District of Columbia; (b) eighteen (18) years of age or older (or the local age of majority in the jurisdiction where the participant resides, if higher than 18) at the time of entry; and (c) healthcare professionals with an active Medely user account as of May 6, 2024 at 12:00 AM CST. Void where prohibited or restricted by law. 

The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of the Sponsor, its parents, subsidiaries, affiliated companies, and marketing agencies, or of any other parties involved in the administration of the Giveaway (Sponsor, collectively with the foregoing, the “Giveaway Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. 

By participating in this Giveaway, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor, which shall be final in all matters relating to the Giveaway. This Giveaway is subject to all applicable federal, state, and local laws and regulations.

  1. Giveaway Entry Period

The Giveaway begins on May 6, 2024 at 12:00 AM CST and ends on May 10, 2024 at 1:00 PM EST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Giveaway.

  1. How to Enter

NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE. 

To enter, during the Entry Period, you must:

  1. Like the Sponsored 5/6/24 post made by Sponsor on Instagram that is announcing the Giveaway (“Giveaway Post”);
  2. Post a favorable comment in the comment section of the Giveaway Post; AND 
  3. Follow @joinmedely and @itsnursejia Instagram accounts. 

The post will be located on both @itsnursejia and @joinmedely Instagram accounts. 

You may receive a maximum of one (1) entry in the Giveaway. 

Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the entry deadlines will be disqualified from the Giveaway.

  1. Odds of Winning

Odds of winning depend on the number of eligible entries received.

  1. Winner Selection and Notification

Three (3) entrants will be selected as the winners.

On or about May 10, 2024, Sponsor will select the winners based on a random drawing from all eligible entries received during the Entry Period. Sponsor will attempt to notify each winner via direct message to the winner’s social media account used to submit the winning entry.  

In the event of a dispute as to any entry, the authorized account holder of the Instagram account used to enter the Giveaway will be deemed to be the entrant. A potential winner may be required to show proof of being the authorized account holder.

Each winner is subject to verification, including verification of age and residency. 

If a winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first winner notification message within 48 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to timely provide any information requested by Sponsor (e.g., information needed by Sponsor to deliver the prize) or timely execute and return any documents required by Sponsor, the winner will be disqualified and forfeit all interest in the prize. If the winner is disqualified, Sponsor reserves the right to select a substitute winner or not award the unclaimed prize.

  1. Prizes and Prize Claims
  • The first winner will win an Apple iPad 9th generation 10.2” (Approximate Retail Value (“ARV”): $329.00) and an Apple Pencil (1st generation) (“ARV”): $99.00).
  • The second winner will receive $250 FIGS gift card (“ARV”): $250).
  • The third winner will receive a $200 Hoka gift card (“ARV”): $200).

The total ARV of all prizes offered in this Giveaway is $878.00. All amounts are in United States dollars. Each participant may only win one (1) prize in the Giveaway.

The right to receive a prize cannot be transferred or assigned. No cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. The prize is subject to availability and if the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute the prize with one of comparable or greater retail value. 

As a condition of receiving the prize, the winner must provide Sponsor with a valid mailing address. Sponsor will pay for the cost of delivering the prize to winner within the United States. The method of shipping and the carrier will be determined in the sole discretion of Sponsor. Sponsor is not responsible for any prizes that are lost, stolen, undeliverable, or returned.

EACH WINNER AGREES TO ACCEPT THE PRIZES “AS IS”, AND ENTRANTS HEREBY ACKNOWLEDGE THAT GIVEAWAY PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING BUT NOT LIMITED TO (A) ANY EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZE OR (B) THEIR QUALITY OR MECHANICAL CONDITIONS. SPONSOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

By participating in this Giveaway, participant acknowledges and agrees that if participant wins a gift card, such gift card is subject to, and shall be used only in compliance with the applicable merchant’s terms & conditions.

Each winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize. For the winner of the Apple iPad 9th generation 10.2” and the Apple Pencil (1st generation): Such winner agrees and acknowledges that Sponsor may be required to withhold and remit a portion of prize value to comply with applicable tax laws. Such winner also agrees to provide Sponsor with a valid social security number or any other information Sponsor may require in connection with applicable tax reporting or withholding requirements or other laws or regulations.

All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the applicable winner.  

  1. Publicity

Except where prohibited by law, by accepting a prize, each winner hereby grants Sponsor and its representatives an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name and information about the prize award, in any way, at any time, in any and all media, including without limitation, for use in advertising and marketing, without any additional approval or consideration.  By accepting a prize, each winner represents and warrants that they have the right to grant the foregoing license.

  1. Limitations of Liability of Giveaway Parties

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE (I) THE GIVEAWAY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH (A) THE GIVEAWAY OR (B) ANY PRIZE AWARDED, AND (II) YOUR REMEDIES FOR ANY CLAIMS RELATING THE GIVEAWAY ARE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE GIVEAWAY (IF ANY).  

The Giveaway Parties assume no liability and are not responsible for, and, by entering the Giveaway, you hereby waive and release the Giveaway Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Giveaway and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Giveaway, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, winner notifications or other announcements or communications relating to the Giveaway. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s).  If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only five prizes from a random drawing of all eligible entries.  In no event will more than the stated number of prizes (i.e., five prizes) be awarded.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.  

Sponsor may prohibit an entrant from participating in the Giveaway or winning the prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Giveaway Parties.

For California Residents Only: You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  1. Sponsor’s Reservation of Rights

If the Giveaway is not practically capable of running as planned for any reason outside the control of the Sponsor, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, government orders, natural disasters, the effects of COVID-19 or any pandemic or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Giveaway. In the event of cancellation, Sponsor reserves the right to select the winners from a random drawing of all non-suspect, eligible entries submitted as of the time of cancellation.   

  1. Governing Law 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants and the winner, and the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

  1. Privacy

Any personally identifiable information collected during an entrant’s participation in the Giveaway will be collected and used by Sponsor and its designees for the administration and fulfillment of the Giveaway and as otherwise described in these Official Rules and Sponsor’s privacy policy available at  https://medely.com/privacy-policy.

  1. Winner List

For the name of the winner, send an email to [email protected] with “Medely Nurses Week Giveaway Winners List” in the subject line. Requests must be received no later than sixty (60) days after the end of the Entry Period.