Personal Care & Assisted Living Insurance Center, LLC

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. The “PCH Mutual Fall Prevention Contest” is open to legal residents of the United States and the District of Columbia, excluding residents of New York, Florida and Rhode Island, age 21 or older at time of entry, who are assisted living facilities, adult care homes, and their employees. Contest entries must be postmarked or email date and time-stamped between 12:01 AM Eastern Time (“ET”) on March 1, 2013 and 11:59 PM ET on March 30, 2013. Void where prohibited by law. Sponsor: PCH Mutual Insurance Company (“Sponsor”).

Eligibility: “PCH Mutual Fall Prevention Contest” (“Contest”) is open to legal residents of the United States and the District of Columbia, excluding residents of New York, Florida and Rhode Island, age 21 or older at time of entry, who are assisted living facilities, adult care homes, and their employees. Employees of PCH Mutual Insurance Company, and their immediate family members and/or those living in the same household of each are not eligible to enter or win. Contest is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.

How to enter: To enter, submit a successfully implemented fall prevention plan to Sponsor by sending the following:

  1. Your name, address, email address (if you have one) and telephone number
  2. Name, city and state of the Facility/Home where the fall prevention plan was successfully implemented
  3. Your fall prevention policies, procedures and photographs or drawings, if necessary
  4. Description of why your fall prevention plan is successful (50 word maximum)

(“Entry”) via email at contest@pcalic.com or by mailing it to PCH Mutual Insurance Company, ATTN: Kathi Fuhrman, PO Box 933, Hanover, PA 17331, postmarked or dated during the Contest Entry Period. To be eligible for the Contest, all Entries must be postmarked or email date and time-stamped between 12:01 AM Eastern Time (“ET”) on March 1, 2013 and 11:59 PM ET on March 30, 2013 (the "Contest Entry Period"). Entries that have been tampered with or altered are void. You may submit more than one Entry during the Contest Entry Period, but each Entry must be submitted separately. Entries containing more than one Entry will not be considered and will be disqualified. In the event of a dispute over the identity of an entrant, the disputed Entry will be disqualified in the sole discretion of the Sponsor.

Entry: Your Entry must comply with the following and by entering you represent and warrant and agree that:

  • the fall prevention plan does not infringe upon the rights of any third party;
  • you will hold harmless the Sponsor and their respective officers, directors, employees, divisions, affiliates, and subsidiaries, from any claim by any third party relating to any rights in the Entry.

By entering this Contest, you retain ownership of the Entry(ies) you submit, however, you grant Sponsor and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, the perpetual, fully-paid, irrevocable, non-exclusive license to publish, post, reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use, implement and perform throughout the world the fall prevention plan and Entry in any manner, form, or format now or hereinafter created, including, but not limited to, on the Internet, and possible publication and/or posting in print or other media advertisement or website, and for any other purpose, including, but not limited to, advertising or promotion of Sponsor and Contest, all without further consent from or payment to you, including those Entry(ies) which were not selected as the winning entries. Notwithstanding the foregoing, you agree that the Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of an Entry does not guarantee the Entry is a winner. Sponsor is not responsible for any unauthorized third party use of any Entry. Entries will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Sponsor or any of its affiliates.

Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. Furthermore, the Sponsor reserves the right to not award the prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and qualified entries.

Judging: All eligible Entries will be judged by a qualified panel of Judges consisting of personnel from PCH (“judging panel”) who will determine the winner and runner-up. In the event of a tie, the decisions of the Sponsor are final and binding on all matters.

The decisions of the Sponsor are final and binding on all matters relating to the Contest.

Prize: One (1) Grand Prize Winner will receive $1,000.00 cash; one (1) Runner-Up will receive $500.00 cash.

All federal, state, local and other taxes, costs and expenses relating to the use, acceptance and possession of any prize are the sole responsibility of the Winner and Runner-Up. Winner and Runner-Up will be required to provide her/his Social Security number to Sponsor’s representative for tax reporting purposes. An IRS 1099 Form will be prepared and filed in the name of Winner and Runner-Up. Prize is non-transferable and no substitution by Winner and Runner-Up is allowed. Sponsor reserves the right to substitute the prize or portion of the prize for one of equal or greater value in its sole discretion.

Winner Selection and Notification: The Winner and Runner-Up will be determined on or about April 15, 2013, subject to verification. The potential Winner and Runner-Up will be notified by e-mail, first class mail and/or phone on or before April 30, 2013. The Winner and Runner-Up will be required to complete, sign and return an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Release”) within ten (10) days of the date specified on notification. If a potential prize winner does not return the executed Release within ten (10) days, or if said e-mail and/or mail is returned as undeliverable, or if the potential prize winner does not reply to notification within fourteen (14) days, or if an entrant is otherwise found to be ineligible, or if the potential winner cannot accept or receive the Prize for any reason, the potential prize winner will forfeit the Prize and the Entrant with the next highest score will be notified. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Prize will be awarded within 30 days after receipt and verification of completed prize notification. Entry, or acceptance of Prize, constitutes permission (except where prohibited by law) for the Sponsor to use each Prize Winner and the winner's name, prize won, hometown and likeness for promotional purposes without further compensation. There is no prize awarded or compensation for the possible publication or posting of the name of the Winner and Runner-Up or Entry including the fall prevention plan.

Limitations of Liability and Release: By participating in this Contest, Entrants agree to these Official Rules, all eligibility requirements and the decisions of the judges and the Sponsor. On behalf of themselves, their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), Entrants release, defend and hold harmless the Sponsor, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all causes of action, claims, suits, debts, contracts, promises, trespasses, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, claims and demands whatsoever, in law or equity, whether known or unknown, against Released Parties which any one or more of the Releasing Parties has or may have in the future that in any way arise out of or result from Entrant’s Contest participation, acceptance and use or misuse of any prize. In the event the Sponsor is prevented from continuing with the Contest as contemplated by any event beyond their control, including but not limited to fire, natural disaster, explosion, labor dispute or strike, act of God or public 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, or order of any court or other cause not within the Sponsor’ control, the Sponsor shall have the right to modify, suspend, extend or terminate the Contest. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of prize.

The Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of prize. The Winner and Runner-Up acknowledge that the Sponsor and all other businesses concerned with this Contest and their agents do not make, nor are in any manner responsible for any representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest.

Governing Law and Arbitration: This Contest shall be governed by and interpreted under the laws of the State of Pennsylvania, U.S.A. without regard to its conflicts of laws principles. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Contest shall be resolved, upon the election by Entrant or the Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER THE SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between the Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to the Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.

Disqualification: Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to (a) permanently disqualify from any contest it sponsors any person it believes has intentionally violated these Official Rules, and (b) terminate the Contest if it becomes corrupted in any way as determined by Sponsor in its sole discretion (including but not limited to if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), and in such case, to determine a winner from among all eligible entries received prior to termination or to terminate the Contest without awarding the Prize if Sponsor determines that the Contest has been irreparably corrupted.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Odds of Winning: Odds of winning depends on the number of entries and the judging.

Winner’s and Runner-Up’s Name: For the name of Winner and Runner-Up (available after 5/15/13) email kathi@pcalic.com or send a stamped, self-addressed envelope (postage not required for Vermont residents) by 5/15/14 to: PCH Mutual Insurance Company, c/o PCALIC, LLC, PO Box 933, Hanover, PA 17331. Winning submissions will also be made available on-line at www.PCALIC.com/contest.

Privacy: By submitting their entry, Entrants consent that the information they provide may be shared with other assisted living facilities and adult care homes.

 


 

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