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2023 Holiday Season Gift Giveaway Promotion

 

 

Terms & Conditions

Welcome to the 2023 Holiday Season Gift Giveaway or Raffle Promotion –

These terms and conditions are to be read carefully as it contains details pertaining to this seasonal promotion. For successful submission of this electronic entry form, full and accurate completion of this e-form is required. Entries must include e-signature and the checking off of the “Accept” box. Only one entry per person will be accepted. Entries can only be made by individuals that are 13 years of age or older. Minors must have the consent and assistance of their parent/legal guardian to make an entry. Entry forms with inaccurate or missing information will not be processed. Participants cannot be a relative, friend or employee of the provider. Submission of an entry is a warranty and representation that the participant has the authority and capacity to agree to the terms and conditions of this holiday promotion agreement. Acceptance of these terms and conditions serve as an agreement between the participant and this provider. Electronic entries and e-signatures carry full legal authority just as if conducted or transacted on paper. Entries made by participates are meant to serve as a one time event. A therapeutic relationship can be established depending on the participants interest, willingness to engage in counseling as well as level of need that meets the criteria of medical necessity. This provider reserves the right to modify, amend or update the terms and conditions of this seasonal promotion at any time without restriction. Continued use of or participation in this promotion will be deemed as acceptance and agreement to these terms. If a participant does not wish to be bound by the terms and conditions outlined in this agreement, no entry should be submitted.

After clicking the “Accept” box, participants agree to accept all of these terms and conditions as an agreement between this provider and the participant. It is the participant’s responsibility to keep track of pertinent dates and review the website for updates to ensure successful redemption of items promised. As a condition of this entry, participants are solely responsible to keep track of any instructions related to this seasonal promotion and notify this provider of any issue(s)/error(s). Participants must complete entry forms with accurate identifiable information in order to redeem the gift, product or service as promised. This provider possesses the legal authority to verify the eligibility of entry submissions by each participant online and/or via phone.

Participates agree to the terms of this seasonal promotion, through the completion of an online entry form with e-signature. Contestants also agree to use, access, and participate in this online transaction of their own free will. Entries must be submitted in a manner that is consistent and does not violate applicable laws, rules and/or regulations. Participants agree that all transactions or services provided in person or electronically online are legally binding. E-signatures submitted with each entry bears the same legal authority as a written signature on paper. Participation in this seasonal promotion through completion of this online entry transaction and/or services are subject to federal and state laws, regulations and/or rules. This also includes the Health Insurance Portability and Accountability Act of 1996.

Availability of Supply

 

Items and/or service(s) promised will be given on a first come, first serve basis, while supplies last. A set reserve of entries is required in order for this seasonal promotion to be carried out to completion. If this undisclosed amount is not met, this promotion may be cancelled at anytime. This provider also reserves the right to cancel this holiday promotion at anytime for any reason. In the event that this promotion has been cancelled, this provider will not be obligated to carry out tasks and/or distribute items/toys as initially intended and advertised. Participation in this holiday promotion is an automatic indication that recipient(s) comprehend and agree to these rules and will not hold this provider responsible or liable when the supply of item(s) promised run out of stock. This provider also reserves the right to refuse or terminate this seasonal promotion and/or therapeutic services at any time for any reason without restriction or reservation.

Consent to Participation

 

The successful submission of an electronic entry form serves as automatic consent to participate in this seasonal promotion. Participants also consent to communication with this provider. The first phone call is meant to qualify participants through the verification of the potential recipient’s existence and identity. The phone call will also serve as a brief opportunity for participants to receive a mental health wellness consultation by a licensed professional. Mental health consultations usually review the participants behavioral health needs as well as relevant topics about public health. Therefore, participation through the submission of an entry form with an e-signature serves as automatic consent to treatment if the provider and/or recipient deems it necessary. Additional counseling sessions can be scheduled if the participant meets the criteria of medical necessity. Depending on the provider’s availability and capacity to take new cases, this provider can facilitate these sessions.  Referrals can also be made to a different service provider when it has been determined that the provider has reached capacity.

Routine counseling sessions are not a requirement for participation in this seasonal promotion. Therapy includes comprehensive assessment(s), treatment planning, weekly psychotherapy sessions, family consultations, communication with collateral providers, the review of psych-education materials/worksheets, community resources as well as referrals to higher levels of care. The resources and advice provided during the initial consultation is primarily meant for educational and informational purposes. Again, a commitment to multiple therapy sessions is not a requirement for participation in this holiday promotion. However, a commitment to regularly engage in counseling therapy would be required to solicit an accurate professional opinion of presenting symptoms and treatment from a behavioral health professional. All supports and resources utilized by this provider are delivered in a manner consistent with applicable laws and ethical standards.

Electronic Waiver, Release of Liability & Indemnity

 

Involvement in this seasonal promotion, is optional. This provider benevolently intends to carry out all tasks as promised and advertised within this seasonal promotion. Participation is an indication that recipients agree to release and hold this provider including it’s partners harmless from any and all forms of liability and risk. This release of liability will take effect during the periods of contact made (1) presently, (2) in the future and (3) retroactively, from the first day of service contact. All items will be obtained from 3rd party vendors and will be handled with care. This provider does not accept responsibility for any risk associated with the appearance, performance or long-term consequence(s) of the products delivered. Participants agree to relinquish this provider from all forms of liability or risk in the event of the following: (1) service cannot be delivered due to power outage and/or natural disaster. (2) Adverse effects experienced by the participant or others if the product has been found to be defective upon or after receipt. (2) Unsatisfactory appearance or condition of the product upon receipt. (3) Unsatisfactory packaging that may have been damaged during shipping. (4) If the product is lost, stolen or damaged prior to or after delivery. (5) If the product has to be replaced with a different, yet similar model, to what was initially promised.

This provider and/or it’s partners will not be held liable or responsible to another third party or participants for (1) errors related to these online transactions, electronic or telephonic communication, malicious coding, computer viruses and/or technical compatibility issues. (2) Any errors, issues or flaws related to these online transactions. (3) Misuse, unauthorized access by another party, difficulty or inability for either party to utilize or access the entry form. (4) Inappropriate, incomplete, unauthorized or illegal use of the entry form and sub-sequential communication via phone/email. (5) Incomplete and/or inaccurate information/data provided on these entry forms by the provider or participant. (6) Any error in processing, printing, storing, ineffective destruction or deletion of participant information on forms entries, and/or inaccurate delivery of material goods promised. This provider will not be held responsible for damages whether indirect, direct, special, compensatory, consequential, incidental, exemplary or punitive suffered by participant(s). Participants agree to defend, indemnify and hold harmless this provider and it’s partners against any losses, risks, damages, fines, penalties, expenses, retaliation, negative reviews, claims, judgments and costs (including attorneys fees) incurred as a result of a breach, misuse of this agreement or any issues pertaining to faulty online transaction systems or product presentation. This provider reserves the right to deny access or service to anyone at any time, with or without cause.

Participants access and utilize promotional entry forms, provider websites and/or social media at their own risk and discretion. This provider does not accept responsibility for the accuracy of non-provider related websites, search engines and/or third party organizations. This includes content, services, transactions, and information that has been performed, accessed or conducted in an effort to submit an entry form successfully. This provider disclaims and relinquishes any warranty or representation, implied or expressed as to any service or transaction and/or data, information and/or materials accessible on or through this provider. Services, content and online transactions of this provider are available on an “as is” basis. Participants will not hold this provider nor it’s partners responsible or liable in the event of data loss by either party. This includes the deletion, omission, or modification of participant data caused by malicious means or efforts such as computer or smart phone viruses, spyware, code destructive properties or elements. This also includes faulty computer or smart phone systems (software/hardware) utilized by the participant or the provider and/or their third party partners. These computer systems are also monitored by various government agencies, agents, current employees or former employees with privileged knowledge that have been dismissed by the institution. This provider will not be held liable for any consequences resulting, during and after, participation in these seasonal promotions. This provider will not be responsible for any form of monitoring, geo-tracking, spyware, phishing, schemes, encryption defects, server or DNS related issues, ethical or unethical hacking, cyber-tracking, cookies, and/or cache related issues resulting from any third party affiliated with the security software systems utilized for these seasonal promotions. This provider has entered into BAA agreements with multiple software/tech organizations that promise and warranty HIPAA compliance. These third party systems claim to meet HIPAA and cyber security standards. This provider will not be held responsible or liable for vulnerabilities, limitations, flaws, malicious efforts and errors associated with any third party security systems. Participants will not hold this provider responsible for IT/technological system failures that are unavoidable and surpass the technical expertise of this provider. Participants are to enter into these promotions at their own risk and sound discretion. Participants will remain personally responsible to follow up and follow through with this seasonal promotion at their discretion to ensure a successful entry submission. Participants will be solely responsible to utilize appropriate and sufficient devices, mechanisms, procedures and software/hardware to meet these requirements.

It is a requirement that participants including winning recipients consent to the publication of their testimony and/or photo for this seasonal promotion. This provider will not be held responsible for risk or liability associated with the publicity of this seasonal promotion. To increase transparency, compliance with applicable laws and encourage an increase in consumer participation in services offered, this seasonal promotion will be publicized. Therefore, participation in this promotion is an indication that the recipient has freely consented to be utilized for all of the following: (1) social media (2) provider website (3) online reviews (4) News Broadcasting Stations (5) print (6) any other medium of publicity this provider finds to be appropriate to advance the mission of this organization. Through involvement in this seasonal promotion, all contestants automatically agree to (1) have their photo/video taken and publicized (2) allow the disclosure of their identity (3) leave a positive review and/or testimony of this provider. Participants release all liability and will hold this provider harmless including it’s partners if recognized by other participants, relatives and/or community members. Recipients selected for publication will be at this provider’s discretion.  Therefore, consent does not guarantee that all participants will be selected for this purpose. In the event that winners must redeem an item in a public setting, all participants agree to not and/or avoid disclosure of the identity of other participants or winning recipients. This provider will not be held responsible or liable for the disclosure of the identity of any participants if gifts/items are distributed in a public setting.

Assignment & Updates

 

Participants cannot assign this agreement to another party. Only this provider reserves the right to re-assign forfeited items to another participant who’s entry was received successfully. Participants agree to submit one online entry form for personal consideration. Recipients who successfully redeem a gift, product and/or service according to the rules of this seasonal promotion will do so at no charge. Recipients(s) who redeem a gift or physical product as promised are free to regift or sell the item after delivery from this provider.

This provider reserves the sole discretion with or without notice to modify, amend as well as temporarily or permanently discontinue the contents/context of the products/services promised in this seasonal promotion. Participants and all that learn of these seasonal promotions are authorized to view and submit online entries solely. This provider owns all contents and materials therein which are protected by copyright laws. This includes trademarks, copyrights, trade secrets and other intellectual property rights. All that learn of these seasonal promotions and this provider may not modify, sell or distribute any materials, graphics, or information therein or utilize for public or commercial purposes without the prior written consent and authorization of this provider.

Termination

 

Any and all forms of misconduct will be grounds for disqualification of a participant’s involvement in this seasonal promotion. This provider reserves the right to terminate this seasonal promotion and/or a participant’s entry form and access with or without cause, at anytime. Participants may opt-out of this promotion by providing written notice to this provider.

By e-Signing this electronic entry form and by clicking the “Accept” box, each participant individually acknowledges that they comprehend, agree, and consent to all of the terms and conditions indicated above.

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