2023 GOT MOLD? SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. APURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY ANDWILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLEAND LOCATED IN THE 50 UNITED STATES OR DISTRICT OF COLUMBIA AT THETIME OF ENTRY. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATESAND DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OVER. VOID WHEREPROHIBITED OR OTHERWISE RESTRICTED BY LAW. THE SWEEPSTAKES WILL BEGOVERNED BY THESE OFFICIAL RULES (“OFFICIAL RULES”).
1) SWEEPSTAKES PERIOD. GOT MOLD? SWEEPSTAKES (the “Sweepstakes”) begins October 5, 2023 at 12:00 AM Pacific Standard Time (“PST”) and ends on October 12, 2023 at1 2:00 AM PST (the “Sweepstakes Period”).
2) ELIGIBILITY. The Sweepstakes is open to legal residents of the fifty (50) United States andthe District of Columbia who are eighteen (18) years of age and older at the time of entry.Employees, directors and officers, and their immediate families (spouse, parents, children,siblings, and their respective spouses), and their respective household members, of Sponsor andits affiliates, subsidiaries, divisions, advertising and promotion agencies and prize providers, arenot eligible to enter or win. Sweepstakes is subject to all applicable federal, state and local U.S.laws. All interpretations of these Official Rules and decisions by Sponsor are final.
3) SPONSOR. This Sweepstakes is sponsored by AirDoctor, LLC: PO Box 9156, Van Nuys,CA 91409-8291 (“Sponsor”).
4) HOW TO ENTER. No purchase necessary. There is one (1) entry method, which is describedas follows:
During the Sweepstakes Period, eligible entrants may enter at the following landing webpage: https://airdoctorpro.com/terms-gotmoldsweepstakes/. Once at this web page, eligible entrants willenter their name and email address for (1) entry into the Sweepstakes (an “Entry”). Only oneentry per person. Entry content will not be judged. Each Entrant must follow all of theseinstructions to receive an Entry. By participating, Entrants agree to these Official Rules.
Entrants agree to assign and hereby do assign to Sponsor the ownership rights to all Entries.Upon the Sponsor’s request, Entrant’s agree to sign any further document(s) as may be deemednecessary by the Sponsor in its sole and absolute discretion to perfect, or give full effect, to suchgrant and assignment.
All Entries must be complete and include all required information, and comply with theseOfficial Rules. Any Entries that contain material that is determined by Sponsor, in its solediscretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous,libelous, racially or religiously biased or offensive or sexually explicit or suggestive,
unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or agegroup, profane or pornographic, contain nudity or any materially dangerous activity will bedisqualified. Entry cannot contain trademarks, logos or trade dress owned by others, or advertiseor promote any brand or product of any kind, without permission, or contain any personalidentification, such as license plate numbers, personal names, e-mail addresses or streetaddresses. Entry cannot contain copyrighted materials owned by others withoutpermission. Entry cannot contain materials embodying the names, likenesses, photographs, orother indicia identifying any person, living or dead, without permission. Entry cannot bedefamatory or trade libelous.
Sponsor reserves the right to screen all Entries. Any Entries that Sponsor deems, in its solediscretion, to violate the terms and conditions set forth in these rules are subject to disqualification.Sponsor reserves the right, at any time and for any reason, to remove any Entries (or any partthereof) and/or to request an entrant to modify, edit and/or re-submit his or her Entry Materials (orany part thereof) in order to ensure that the Entries comply with these rules, or for any other reason.If such an action is necessary at any point during or after this Sweepstakes, then Sponsor reservesthe right, in its sole discretion, to take whatever action it deems necessary based on thecircumstances – including, without limitation, disqualifying the Entries and entrant (and thereforethe corresponding Entry) to help ensure that this Sweepstakes is being conducted in accordancewith Sponsor’s interpretation of the letter and spirit of these rules.
Any attempt by a participant to obtain more than the stated number of Entries by usingmultiple/different email accounts, identities, registrations and logins, or any other methods willvoid that Entrant’s Entries and that Entrant may be disqualified from the Sweepstakes. Use ofany automated system to participate is prohibited and will result in disqualification. In the eventof a dispute as to any Entry, the authorized account holder of the email account provided with theEntry will be deemed to be the Entrant. The “authorized account holder” is the natural personwho is assigned to an email account by an Internet access provider, service provider, or onlineorganization responsible for assigning email accounts associated with the email account fromwhich the Entry was submitted. The Potential Prize Winner may be required to show proof ofbeing the authorized email account holder.
5) WINNER SELECTION AND NOTIFICATION. At the end of the Sweepstakes Period, arandom drawing will be conducted by Sponsor’s administrator within five (5) days ofSweepstakes end to select a potential prize winner (“Potential Prize Winner”) from among alleligible Entries received during the entire Sweepstakes Period.Within five (5) days of Sweepstakes end, the Potential Prize Winner will be notified via email orand may be sent an affidavit of eligibility/liability release, as well as a publicity release (wherepermitted by law) (“Release”). Unless restricted by law, the Potential Prize Winner will berequired to complete and return the Release within twenty-one (21) days of receiving it. Sponsormay also take all steps necessary to corroborate any information provided to Sponsor by thePotential Prize Winner. By accepting the prize, the Prize Winner acknowledges compliance withthese Official Rules. If the prize is won by an eligible Entrant who is a minor in his/her state ofresidence, the prize will be awarded to the minor’s parent or legal guardian who must sign andreturn all required documents. The verified Potential Prize Winner is referred to herein as the
“Prize Winner.” Any failure by a Potential Prize Winner to respond within the time designatedby Sponsor to his/her notification or any other Sponsor communications may result in forfeitureof the prize. The Potential Prize Winner is subject to verification, including verification of age.Except where prohibited, acceptance of the prize constitutes Prize Winner’s consent to use ofhis/her name and/or photograph without further compensation for advertising, promotional, andpublicity purposes by Sponsor. If a potential Winner is found to be ineligible, has not compliedwith these Official Rules or declines the prize such potential Winner will be disqualified andforfeit the prize. If a potential Winner is disqualified or forfeits prize, Sponsor may, but shall notbe required to, select an alternate potential Winner from amongst all remaining eligible Entries.All expenses on receipt and use of prize are the sole responsibility of the applicable Winner.
AN ENTRANT IS NOT AN OFFICIAL WINNERS UNLESS AND UNTIL ENTRANT’SELIGIBILITY HAS BEEN VERIFIED, THE SPONSOR’S REQUIRED PRIZEDOCUMENT(S) ARE COMPLETED AND RETURNED, AND THE ENTRANT HAS BEENADVISED BY SPONSOR THAT VERIFICATION IS COMPLETE.
6) ODDS. Odds of winning a prize depend on the total number of eligible Entries received.
7) PRIZE. Sponsor will award the following prizes to one winner: (1) An AirDoctor 3500 AirPurifier Unit & (2) a 3-bedroom Mold Test Kit. The total ARV prize value per winner is $928USD.
No prize substitutes, cash equivalent, or transfers allowed except that if the prize becomesunavailable for any reason, Sponsor may award a substitute of equal or greater value in its solediscretion. Only the prize stated in these Official Rules is available to be won in theSweepstakes. All federal, state and/or local taxes; travel costs; and any other fees or costsassociated with the prize are the responsibility of the Prize Winner, regardless of whether theprize is used. The ARV of the prize is based on available information provided to Sponsor andthe value of any prize awarded to the Prize Winner may be reported for tax purposes whererequired by law. All income and other taxes (federal, state and local) on the prize are the soleresponsibility of the applicable Winner. Prize Winner acknowledges that Prize is provided “as is”and without any warranty of any kind. The Released Parties (defined below) are not responsiblefor any delay in the availability or delivery of a prize for any reason whatsoever (includingwithout limitation, delays due to health risks or governmental restrictions, such as those that maybe implemented to mitigate COVID-19 transmission) – no confirmed winner nor any otherperson or entity will be compensated in the event of such delay.
8) PUBLICITY RELEASE: Acceptance of the prize constitutes each Winner’s permission forSponsor to use such Winner’s name, statements about the Sweepstakes, product review(s),testimonial (in whole or part), prize information and address (city and state) or other likeness(collectively, “Attributes”) for advertising and/or publicity purposes worldwide and in all formsof media now known or hereafter devised, in perpetuity, without further compensation orauthorization (except where prohibited by law) and each Winner releases Sponsor from allclaims arising out of the use of such Attributes.
9) WINNERS’ LIST. For a copy of the Prize Winner list, send a self-addressed, stampedenvelope to: Attn: GOT MOLD? SWEEPSTAKES Winner List Request, PO Box 9156, VanNuys, CA 91409-8291. Requests must be received within six (6) weeks after the end of theSweepstakes Period.
10) RELEASE OF LIABILITY. Each Entrant irrevocably agrees (and agrees to confirm inwriting) to waive, on behalf of themselves and their family and associated persons or businesses,all claims, lawsuits, and damages, of every name and nature, known and unknown, now existingor hereinafter at any time arising, against all other Entrants, Sponsors, and each of theirrespective affiliates, subsidiaries, successors, assigns, officers, directors, agents, employees andall others associated with the development and execution of this Sweepstakes from any and allliability, loss or damage with respect to or in any way arising from this Sweepstakes and/oracceptance or use of the prize, including liability for personal injury, death, damage or monetaryloss, and including any travel related thereto. Sponsor is not responsible for incorrect orinaccurate entry information whether caused by Internet users or by any of the equipment orprogramming associated with or utilized in the Sweepstakes or by any technical or human error,which may occur in the processing of the Entries. Sponsor is not responsible for computersystem, phone line, hardware, software or program malfunctions, or other errors, failures ordelays in computer transmissions or network connections that are human or technical in nature.Sponsor is not responsible for lost, late, stolen, incomplete, misdirected, damaged, destroyed orgarbled Entries.
Entrants acknowledge that they have read these Official Rules and, as such, hereby have beenadvised of the existence of Section 1542 of the California Civil Code, which provides: “Ageneral release does not extend to claims that the creditor does not know or suspect to exist inhis favor at the time of executing the release, which if known by him must have materiallyaffected his settlement with the debtor.”
11) MODIFICATION/TERMINATION/FORCE MAJEURE. Sponsor reserves the right tomodify or terminate the Sweepstakes upon evidence of fraud, virus, bugs, hacking, securitybreaches, or other tampering, or should other causes beyond the control of Sponsor corrupt theadministration, security, or proper operation of the Sweepstakes. Sponsor also reserves the right,in its sole discretion, to cancel, suspend, or modify the Sweepstakes, if necessary, due totechnical problems. If an insufficient number of eligible Entries are received and/or Sponsor isprevented from awarding the prizes or continuing with this Sweepstakes as contemplated hereinby any event beyond its control, including but not limited to fire, flood, natural or man-madeepidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God orpublic enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity,war (declared or undeclared) or any federal, state or local government law, order, or regulation,public health crisis or governmental restrictions implemented to mitigate a public health crisis(e.g. due to ZIKA virus or COVID-19), order of any court or jurisdiction, or other cause notreasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shallhave the right to modify, extend or terminate this Sweepstakes. In the event of cancellation,Sponsor shall have the right, at its sole discretion, to select the Potential Prize Winner byrandomly drawing from among all valid, non-suspect Entries received up to the time ofcancellation. Sponsor reserves the right, at its sole discretion, to disqualify any individual (andhis or her Entry) who tampers with the entry process.
12) BINDING ARBITRATION. Any controversy or claim arising out of or relating to theSweepstakes shall be settled by binding arbitration in a location determined by the arbitrator asset forth herein (provided that such location is reasonably convenient for claimant), or at suchother location as may be mutually agreed upon by the parties, in accordance with the proceduralrules for commercial disputes set forth in the Comprehensive Arbitration Rules and Proceduresof JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the awardrendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Thearbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shallapply California law consistent with the Federal Arbitration Act and applicable Californiastatutes of limitations, and shall honor claims of privilege recognized at law. In the event that theclaimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to thecosts of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees inconnection with the arbitration as the arbitrator deems necessary to prevent the arbitration frombeing cost-prohibitive as compared to the costs of litigation. If any part of this arbitrationprovision is deemed to be invalid, unenforceable or illegal (other than that claims will not bearbitrated on a class or representative basis), or otherwise conflicts with the rules and proceduresestablished by JAMS, then the balance of this arbitration provision shall remain in effect andshall be construed in accordance with its terms as if the invalid, unenforceable, illegal orconflicting provision were not contained herein. If, however, the portion that is deemed invalid,unenforceable or illegal is that claims will not be arbitrated on a class or representative basis,then the entirety of this arbitration provision shall be null and void, and neither claimant norSponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, allparties to such arbitration shall have the right of discovery, which discovery shall be completedwithin sixty days after the demand for arbitration is made, unless further extended by mutualagreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE INTHE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THEARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONSOR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THISSWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSYARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THEEXTENT PERMITTED BY APPLICABLE LAW:
(1) ANY AND ALL DISPUTES, CLAIMSAND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SWEEPSTAKES,OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGHBINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORMOF CLASS ACTION;
(2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILLBE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IFANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED ORRECOVERABLE;
(3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BEPERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLYAND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL,CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHERDAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANYRIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND
(4)ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY)AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OREQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OREXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
13) GOVERNING LAW & JURISDICTION. These Official Rules and the Sweepstakes aregoverned by U.S. law and are subject to all applicable federal, state and local laws andregulations. All issues and questions concerning the construction, validity, interpretation andenforceability of the Official Rules, or the rights and obligations of Entrant and Sponsor inconnection with the Sweepstakes, shall be governed by, and construed in accordance with, thelaws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof,and any matters or proceedings which are not subject to arbitration as set forth in Section 11 ofthese Official Rules and/or for entering any judgment on an arbitration award, shall take place inthe State of California, in the City of Los Angeles.