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No. 8, Inc.’s “No. 8 Puzzle” Sweepstakes Official Contest Rules

No. 8, Inc.’s “No. 8 Puzzle” Sweepstakes Official Contest Rules
(these “OFFICIAL RULES”)
NO PURCHASE NECESSARY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. Void where prohibited, taxed, or restricted by law. Subject to all federal, state, and local laws and regulations.

1. Description:  The “No. 8 Puzzle” game (the “Promotion”) begins on August 8, 2021 at approximately 8:00 AM PT and ends on October 2, 2021 at 8:00 PM PT (the “Promotion Period”).  Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes.  Each Entrant (as hereinafter defined) participating in the Promotion unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of No. 8, Inc., located at 1225 4th Street, #808, San Francisco, CA 94158 (“Sponsor”), including Sponsor’s interpretation of these Official Rules, which shall be final and binding in all respects. 

2. Eligibility: Only legal residents of the 50 United States and District of Columbia who, as of the date of a Game Play (as hereinafter defined), are 18 years of age or older at the time of entry are eligible to enter the Promotion (each such person, an “Entrant”).  Minors in their states/jurisdictions of residence must have consent from their parent or legal guardian to enter the Promotion.  Employees, officers, and directors of Sponsor and each of its respective parents, affiliates, subsidiaries, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Promotion (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Promotion or win a prize.  Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.

3. How to Play the Game: 

(a) During the Promotion Period, each Entrant must visit https://www.8.health (the “Website”). Entrant will have access to guess a unique three (3)-digit numeric password on the key pad display on the Website (each, a “Password”) (the “Game”), which Password is subject to change from time to time during the Promotion Period in Sponsor’s sole discretion.
To play the Game, enter a three (3) digit numeric code that includes any combination of numbers from zero (0) to nine (9) to submit one (1) game play (each, a “Game Play”). 
Once an Entrant submits a Game Play, an on-screen message will appear. If an Entrant’s Game Play is a non-winning Game Play, a message will appear on-screen inviting such Entrant to receive a hint. If an Entrant accepts a hint or submits a non-winning Game Play, such Entrant will be asked to provide true and correct information, which shall include an email address, which, for the avoidance of doubt, will not entitle such Entrant to a chance to win a prize. Each non-winning Entrant will receive an unlimited number of Game Plays for each Password available during the Promotion Period until they submit a winning Game Play, at which time such Entrant will not receive any further Game Plays for such Password, regardless of the number of Game Plays that were submitted prior to the winning Game Play with respect to such Password. 
If an Entrant’s Game Play is a winning Game Play, an on-screen message will appear with information about how to submit one (1) entry in the random drawing (as described in Section 3(c) below) for such Entrant’s chance to win a prize (each, a “Submission”).

(b) Limit up to one (1) Submission per Entrant per Password available during the Promotion Period.  Submissions in excess of the limit set forth in this Section 3(b) will be disqualified by Sponsor.  All Submissions must be complete by the end of the Promotion Period.  Sponsor’s database clock will be the official time-keeper for this Promotion.  Except as otherwise contemplated in these Official Rules, personal information collected by Sponsor in connection with the Promotion will be used in accordance with Sponsor’s Terms of Service and Privacy Policy.

(c) Sponsor will conduct a random drawing on or about October 8, 2021 and select eight (8) winners from all eligible Submissions.  ALL WINNING MESSAGES ARE SUBJECT TO THESE OFFICIAL RULES, WHICH EACH ENTRANT AGREES TO BY PARTICIPATING IN THE PROMOTION, AND VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL ON ALL MATTERS RELATING TO THIS PROMOTION. All potential winners are subject to verification of eligibility. Game Plays are subject to verification at the sole discretion of Sponsor and include anti-fraud detection measures; if they are found to be reproduced, altered, forged, tampered with or unauthorized or if they fail to contain security codes used by Sponsor in the Promotion, they will be void. No prize will be awarded to an Entrant for which a Game Play is determined to be void or who is otherwise ineligible and Sponsor shall have no further obligation or liability in respect thereof. Submissions/Game Plays, including contact information submitted along with any Submission/Game Play, that are incomplete or deemed by Sponsor, in its sole discretion, to be in violation of these Official Rules, or to be otherwise infringing, harmful, inappropriate, defamatory, or generally not in keeping with the image of Sponsor, may be rejected and an Entrant submitting such Submission/Game Play may not be eligible to participate in the Promotion.

(d) Game Plays/Submissions must be made by an Entrant, only through the Website.  Game Plays/Submissions made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion.  Tampering with the Game Play/Submission process or the operation of the Promotion, including but not limited to, the use of any device to automate the Game Play/Submission process, is prohibited and any Game Plays/Submissions deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  In the event a dispute regarding the identity of the individual who actually submitted a Game Play/Submission cannot be resolved to Sponsor’s satisfaction, the affected Game Play/Submission may be deemed ineligible.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry or Game Play/Submission information whether caused by Internet users or by any of the equipment or programming associated with or used in the Promotion or by any technical or human error which may occur in processing of the Game Plays/Submissions in the Promotion.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Game Plays/Submissions.

4. Winner Notification & Verification: The winners of the Promotion will be notified after the end of the Promotion Period by e-mail using the contact information given at the time of Game Play/Submission.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  Time is of the essence in awarding each prize.  If, despite reasonable efforts, a potential winner does not respond within three (3) days of delivery of the winner notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected in a Second Chance Drawing (as hereinafter defined).  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award of the same, such potential winner will be disqualified and an alternate winner may be selected in the Second Chance Drawing. All prizes will be awarded provided a sufficient number of eligible Submissions are received throughout the Promotion Period. Note, the Promotion Entities shall have no liability for a potential winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a potential winner’s provision of incorrect or otherwise non-functioning contact information.

5. Second Chance Drawing: If, after winner notification and verification, the prize is unclaimed or un-awarded for any reason, a Second Chance Drawing will be conducted on or about October 16, 2021 from all eligible Submissions received in accordance with Section 3 hereof during the Promotion Period. The Second Chance Drawing will be conducted by Sponsor, using randomization methods selected by Sponsor in its sole discretion, whose decisions are final on all matters relating to the drawing. Odds of winning a prize in the Second Chance Drawing depend upon the number of eligible Submissions received during the Promotion Period and number of unclaimed/un-awarded prizes (if any). Second Chance winners be notified via email using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential winner does not respond within three (3) days of delivery of the winner notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to three (3) potential winner(s) of an applicable prize in accordance with such procedure, and if there is still no confirmed winner(s) of such applicable prize after such attempts have been made, if any, such prize may go unawarded.

6. Prizes, Odds of Winning, and Approximate Retail Value (“ARV”): 

    (a) There are eight (8) prizes available to be awarded during the Promotion Period, as follows: 
    Prize Description
    Number Available
    ARV Per Prize
    One (1) year of Sleep gummies (approximately one hundred twenty (120) gummies delivered once per month).
    8.
    $576.00 ($48.00 per month)
    Odds of winning a prize are based on the number of eligible Submissions received during the Promotion Period.
    (b) No more than the advertised number of prizes will be awarded.  Prizes will be delivered only to addresses in the 50 United States and the District of Columbia. Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion if any advertised prize (or portion of a prize) becomes unavailable. Winners are responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the prize winners. For prizes valued at $600 or more (if any), winners will be issued a W9 form and 1099 tax form for the actual retail value of prize.

    7. General Prize Conditions: 

      (a) Each prize will be awarded only if each potential prize winner fully complies with these Official Rules.  All portions of the prize(s) are non-assignable and non-transferable.  Any prizes pictured in online, television and print advertising, promotional packaging, and other sweepstakes materials are for illustrative purposes only.  All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.  No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.   Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”).  If a winner is under the age of majority in such winner’s state of residence (a “Minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such Minor winner, or the parent or legal guardian of such Minor winner will be required to ratify and sign Prize Claim Documents, if applicable.  If any potential winner (or, in the case of a Minor, such Minor winner’s parent or legal guardian) fails or refuses to sign and return any Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected.
      (b) Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

      8. General Liability Release/Force Majeure:  

        (a) Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for purposes of providing Winners List (as hereinafter defined) and for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each Entrant (and any Minor Entrant’s parent or legal guardian) agrees that the Promotion Entities (i) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose.  
        (b) The Promotion Entities assume no responsibility or liability for any damage to an Entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature.  Without limiting the generality of the foregoing, the Promotion Entities are not responsible or liable for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.  In its sole discretion, Sponsor may cancel, terminate, modify, or suspend all or part of this Promotion should any virus, bug, non-authorized intervention or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper play of the Promotion.  In such cases, and at its option and in its sole discretion, Sponsor may select winners by random drawing from those entries received by electronic transmission prior to the corruption or other event.  
        (c) Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple Submissions or Game Plays will be accepted.  If a dispute as to the identity of the individual who actually submitted a Submission/Game Play cannot be resolved to Sponsor’s satisfaction, the affected Submission/Game Play may be deemed ineligible.  Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein.  
        (d) In the event an insufficient number of eligible Submissions/Game Plays are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic (including the COVID-19 pandemic), public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Promotion.  
        (e) If the Promotion is terminated before the designated end date, Sponsor may (if possible) select the winner(s) in a Second Chance Drawing from all eligible, non-suspect Submissions/Game Plays received as of the date of the event giving rise to the termination.  Inclusion in such Second Chance Drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.  Only the type and quantity of prizes described in these Official Rules will be awarded.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.  
        (f) These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

        9. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

        10. Arbitration Provision: By participating in this Promotion, each Entrant (and any Minor Entrant’s parent or legal guardian) agrees: (a) that any and all disputes an Entrant may have with, or claims an Entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Promotion, and/or (ii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator selected by Sponsor in accordance with the rules of JAMS; (b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (c) the arbitration shall be held in San Francisco, California; (d) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Activation; (e) the arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only an Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (g) the arbitrator shall not have the power to award punitive damages against an Entrant or Sponsor; (h) if an Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of an Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (i) with the exception of subpart (f) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (f) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither an Entrant nor Sponsor shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

        11. Winners List: For a list of winners of prizes in the Promotion (“Winners List”), available for ninety (90) days after the end of the Promotion Period, send an email to: support@8.health with “No. 8 Inc. Puzzle Game” as the subject line. Winners List will be sent upon request after prizes have been awarded.