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Current Customer Product Downgrade Survey Contest Official Rules

Last Updated: September 30, 2023

NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. THE CONTEST ENDS AUGUST 23, 2023  AT 10 AM PACIFIC TIME. MUST BE 18+ YEARS OLD AND LEGAL U.S. RESIDENT. VOID WHERE PROHIBITED. 

This contest is operated by Curology, Inc., 353 Sacramento St, San Francisco, CA 94111 (“Company”). The promotion is in no way sponsored, endorsed, administered by, or associated with AYTM.

1. How to Enter. To enter the Current Customer Product Downgrade Survey Contest  (“Contest”), (1) Click on the survey link included in the email message you received on or around August 3, 2023, (2) answer all required survey questions, and (3) submit completed survey.

All entry information, including comments, posts, images, and/or designs, shall be collectively referred to herein as the “Entry”. The Entry must comply with the Content Restrictions defined below. Company reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.

By entering, each entrant warrants and represents the following with respect to their Entry: (a) entrant is the sole and exclusive owner of the Entry; (b) the Entry will not infringe on any rights (including, without limitation any intellectual property rights) of any third parties; (c) any third parties appearing in the Entry have given entrant appropriate consent to be photographed and used as permitted herein; (d) entrant will and does hereby releases AYTM of any and all liability in connection with the Contest; and (e) all information the entrant provided herein is true and accurate. Company reserves the right to request third party releases / authorizations from any third party included in any Entry at any time, without any payment or consideration to be paid by Company. Failure to produce fully executed third party releases / authorizations (if applicable) may result in disqualification of the Entry and from the Contest, in Company’s sole and absolute discretion.

Providing an Entry constitutes entrant’s consent to give Company a royalty-free, irrevocable, non-exclusive license to use, reproduce, publish, and display such Entry in whole or in part, on a worldwide basis, in any form, media, or technology now known or later developed for purposes of implementing the Contest. For any winner, providing an Entry constitutes the winner’s consent to give Company an irrevocable, exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, for the legal term of protection of copyright including future legal extensions thereof, including but not limited to on any and all Internet media, including Company’s websites, social media sites, advertisements, and other media. By entering, each entrant consents to Company dealing with their Entry in any way that may otherwise infringe the entrant’s moral rights, and agrees not to assert their moral rights in respect of their entry against Company, its assigns, licensees, and/or successors.

No automated entry devices and/or programs permitted. Receipt of entries will not be acknowledged. Company is not responsible for late, incomplete, invalid, unintelligible, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of entry submission will not be deemed to be proof of receipt by Company.

2. Start/End Dates. Contest begins at 9 AM Pacific Time on August 3, 2023, and ends at 10 AM Pacific Time on August 23, 2023.

3. Eligibility. Participation open only to legal residents of the United States whom are at least 18 years of age as of date of entry. Void where otherwise prohibited, taxed, or restricted by law. Employees, officers, and directors of Curology, Inc. and its subsidiaries, affiliates, and partners and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.

4. Entry Guidelines and Content Restrictions: By entering, each entrant agrees that entrant’s Entry conforms to the content restrictions set forth below (the “Content Restrictions”) and that Company, in its sole discretion, may remove any Entry and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Entry fails to conform to the Content Restrictions.

Content Restrictions:

  • The Entry must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity, or any other intellectual property rights or civil rights;

  • The Entry must not in any way disparage Company or any other person or party;

  • The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous;

  • The Entry must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

  • The Entry must not contain material that is unlawful, in violation of or contrary to the laws, regulations or, if applicable, socialist morals of any jurisdiction where Entry is created;

  • The Entry cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; and

  • The Entry must be consistent with the image and values of Company and be consistent with and satisfy the purpose of the Contest.

Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Entry that may be similar in idea or concept to what is included in entrant’s Entry. Each entrant understands and agrees that entrant shall not have any claim against any other entrant or Company arising out any such similarity or be entitled to any compensation because of any such similarity.

Company ’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

5. Winner Determination. After the close of the Contest Period and until about August 23, 2023, all eligible Entries will be judged by a panel of judges who are qualified and who have relevant expertise and experience. Judging will be performed by Company and its designees. All Entries will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): quality and length of survey responses. 

6. Prize(s). One (1) winning Entry will be chosen, as determined by Company in its sole discretion. Each entrant with a winning Entry (“Winner”) will receive one (1) $300 Amazon gift card. Prize is non-transferable. No substitutions or cash redemptions.

7. Notification. On or about August 23, 2023, Winner will be announced via email and notified by directly and undertake, if required, to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or license agreement within five (5) business days of prize notification. Additionally, Winner may be required to submit releases / authorizations from any and all third parties appearing in their respective Entries. If any Winner cannot be contacted within five (5) business days of first notification attempt (or such longer period or number of attempts as may be required by applicable law), if any prize or prize notification is returned as undeliverable, if any Winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Entry with the next highest score. Upon prize forfeiture, no compensation will be given. Company may follow-up with Winner during the following one (1) year term to supplement the Entry and develop content on how each Winner invested their Prize and to check in on each Winner’s Curology experience.

8. Conditions. Company shall not be liable or responsible in the event Entry is not used for any reason. Entries may be cut, edited, reformatted, rearranged, combined with other materials, and/or otherwise modified, in Company’s sole and absolute discretion. Any and all federal, state, and local taxes are the sole responsibility of the Winner. Participation in Contest and/or acceptance of Prize constitutes each Winner’s permission for Company to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Entry, Entry supplements, and/or any statements made regarding the Contest or Company for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants waive all, and agree not to assert, moral or similar or equivalent rights in relation to their Entry, throughout the world. By participating, entrants and Winner agree to release and hold harmless Company, AYTM, their advertising and promotion agencies, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost, or expense whatsoever including without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of Prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way, shall be disqualified. Company is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, or acts of terrorism.

9. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed, robotic, or similar means of entry are permitted. Company, its affiliates, partners, and promotion and advertising agencies are not responsible for technical, hardware, software, telephone, or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled, or delayed computer transmissions that may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Company reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Company will select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Company. Company reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or website. Company may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, 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 Company representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute as to any Entry, the authorized account holder of the email address or social media account used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned to the applicable social media account or the email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.

10. Limitation of Liability; Disclaimer of Warranties. THIS CONTEST IS NOT SUBJECT TO LEGAL RECOURSE. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR ENTRY IN THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of San Francisco in the State of California. The parties agree not to raise the defense of forum non conveniens.

12. Use of Data. Company will be collecting personal data about entrants online, in accordance with its privacy notice. Please review the Company’s Privacy Notice at https://curology.com/privacy. By participating in the Contest, entrants hereby agree to Company’s collection and usage of their personal information and acknowledge that they have read and accepted Company’s Privacy Notice.

13. List of Winners. You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules, by sending your request via mail with a stamped, self-addressed envelope to: Curology, Inc., ATTN: Current Customer Product Downgrade Survey Contest, 353 Sacramento Street, 20th Floor, San Francisco, CA 94111. Requests must be postmarked no later than August 30, 2023. 

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