Procedures Consult Mobile Promotion (For Subscribers) (”Promotion“)
No purchase or payment necessary to participate or win. A purchase does not increase your chances of winning.
Eligibility: Open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at time of entry and an individual subscriber or an authorized user of an institutional or group subscriber to Procedures Consult prior to the start date of the Promotion. The following are not eligible: employees, contractors, directors and officers of Elsevier Inc. (the ”Sponsor“), its parent, subsidiary and affiliated companies, distributors, and advertising, promotion, judging and all other service agencies involved in this Promotion, and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in their same households. Void where prohibited.
Promotion Period: Promotion begins on August 2, 2010 at 12:00:01 am Central Time (”CT“) and ends December 31, 2010 at 11:59:59 pm CT (the ”Promotion Period“). The Web Site server is the official clock for this Promotion.
How to Enter: During the Promotion Period, enter the Promotion by visiting the Procedures Consult Mobile web site at http://m.proceduresconsult.com (”Mobile Web Site“) from your mobile phone’s internet browser and signing in with your authentication credentials (i.e., username and password) for Procedures Consult. Upon log in to the Mobile Web Site, you will receive one (1) entry into the drawing. You will also receive one (1) entry into the drawing each calendar month you log in to the Mobile Web Site throughout the Promotion Period. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. Use of any automated system to participate/log-in is prohibited and will result in disqualification.
Monthly Drawings/Prizes/Odds/Approximate Retail Value: There will be five (5) monthly drawings (each a ”Monthly Drawing“) throughout the Promotion Period. One (1) winner will randomly be selected in each Monthly Drawing from all eligible entries received for the corresponding month (per the chart below). Odds of winning a Monthly Drawing depend on the number of eligible entries received. Non-winning entries will not be carried over into subsequent Monthly Drawings. Limit one (1) Monthly Drawing prize per person and/or household throughout the Promotion Period.
Monthly Entry Period Drawing Date August 2, 2010–August 31, 2010 September 3, 2010 September 1, 2010–September 30, 2010 October 5, 2010 October 1, 2010–October 31, 2010 November 3, 2010 November 1, 2010–November 30, 2010 December 3, 2010 December 1, 2010–December 31, 2010 January 12, 2011
Drawings will be conducted an independent judging organization, whose decisions shall be final and binding. Potential winners will be notified by email. If any prize correspondence or prize is returned as non-deliverable, prize will be forfeited and may be awarded to an alternate winner. Sponsor is not responsible for failure of any email transmissions to be sent to or received by entrants or any change of email address or postal mail address of entrants.
Five (5) Monthly Prizes (one per month): a 16GB Wi-Fi enabled Apple® iPad™ mobile digital device. Approximate Retail Value (”ARV“) of each Monthly Prize: $499.00. Apple is a registered trademark and iPad is a trademark of Apple, Inc. Apple, Inc. is no way affiliated with this Promotion.
No cash equivalent is available. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
Entry Conditions and Release: By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Promotion administrators which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and its parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of its respective past and present officers, directors, employees, agents and representatives (collectively, the ”Released Parties“) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property arising out of or relating to a participant’s entry, submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto); and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, title, likeness, photograph, voice, opinions and/or city and state for promotional purposes in any media, worldwide, without further payment or consideration. Participation in Promotion and acceptance of prize is subject to entrant’s employer’s or institution’s policies.
General Conditions: Potential winner is subject to verification. Prizes will ship out 4 to 6 weeks after the Promotion Period to the address provided by the winner. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In the event of termination, Sponsor will award all remaining prizes in a random drawing from all eligible entries received as of the time of termination, or in another random and equitable manner determined by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize.
Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of the winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively by the United States District Court located in St. Louis, Missouri; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
Winners List: For winner names, send a self addressed, stamped envelope postmarked by January 31, 2011 and received by February 7, 2011 to: Procedures Consult Mobile Promotion (For Subscribers) Winners List Requests, PO Box 1095, Elmhurst, IL 60126.
Sponsor: Elsevier Inc., 3251 Riverport Lane, St Louis, MO 63043. Administrator: Marketing Resources Incorporated, 945 N. Oaklawn Ave., Elmhurst, IL 60126.