Medtechnophobia: Official Rules for Medtechnophobia Diagnosis Sweepstakes

NO PURCHASE NECESSARY. No Purchase Necessary to enter or win. A purchase does not improve your chances of winning. By entering the Sweepstakes, Entrant fully and unconditionally agrees to and accepts these Official Rules. Void where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply.

DEADLINES AND ELIGIBILITY REQUIREMENTS. MedTechnophobia Sweepstakes (“Sweepstakes”) starts at 4:00 PM Eastern Standard Time (EST) on Friday, August 28, 2009 and ends at 11:59:59 PM EST on Friday, October 30, 2009 (“Promotion Period”). There will be one entry pool throughout the Promotion Period. All entries must be received by the end of the Promotion Period to be eligible for the Sweepstakes prize. Sponsor’s computer will be the official time clock for the Sweepstakes. Sweepstakes is open to all legal residents of the 50 United States and District of Columbia who are 18 years of age and older at the time of entry (except residents of Alabama and Nebraska must be 19 years of age and older and residents of Mississippi must be 21 years of age and older). Employees of Epocrates, Inc. (“Sponsor”), and each employees’ immediate family members (persons with whom they are domiciled) are not eligible to enter. In the event of a dispute regarding the identity of the person submitting an on-line entry, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may require proof to its satisfaction of entrant’s registered subscriber status. Automated entries (including but not limited to entries made using any script, macro, bot, or Sweepstakes service) and facsimiles are not allowed.

HOW TO ENTER: You may enter the Sweepstakes by either entering an email for a friend via the diagnosing a friend function on the Medtechnophobia web site and entering your email address or, alternatively, you can also enter through the link provided by a email invitation, you will be also be identified by your email for entry into the Sweepstakes. For the avoidance of doubt, the email that you submit of any third party friend will not enter such friend into the Sweepstakes.

No other form of on-line entry permitted. Limit one entry per person, per e-mail address per day. Entries for the final drawing must be received by 11:59:59 PM EST on Friday October 30, 2009. Any other form of Internet or e-mail entry is void. Sponsor and its agencies assume no responsibility for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone or computer hardware or software or telephone transmissions or technical failures; ISP/network/web site accessibility or availability; garbled or jumbled transmissions; injury or damage to any participant’s or any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the web site; and/or other errors of any kind, whether human, mechanical or electronic, including without limitation the incorrect or inaccurate capture of on-line entry information. On-line entry data that have been tampered with or altered in any way are void. Any use of robotic, automated, programmed, or like on-line entry methods is prohibited. Sponsor’s computer is the official timekeeping device for the Sweepstakes.

PRIZE DESCRIPTIONS AND APPROXIMATE ODDS OF WINNING: TWENTY (20) GRAND PRIZES: Second Generation iPod Touch, (“iPod Touch”), approximate retail value (“ARV”): $209.00. Total ARV of iPod Touch prizes: $4,180.00. All Grand Prize Winners will be responsible for any additional costs associated with the iPod Touches, including without limitation tax, registration, insurance and any additional accessories and options.
FIVE (5) FIRST PLACE PRIZES: American Express Cash Gift Cards (each an “AmexCard”), ARV: $50.00.  Total ARV of AmexCard prizes: $250.00.  All First Place Prize Winners will be responsible for any additional costs associated with the AmexCards, including without limitation, taxes.

Taxes, if any, are the sole responsibility of winner. This Sweepstakes is subject to all federal, state and local laws. Limit one (1) prize per entrant per Promotion Period. Sponsor reserves the right to substitute prizes of comparable value. No transfer or substitution of a prize is permitted except by Sponsor. The number of eligible entries will determine odds of winning. All prizes will be awarded provided a sufficient number of entries are received. All federal, state, and local taxes are the sole responsibility of winners.

DRAWING: Sponsor will randomly select twenty-five (25) winners from all entries received during the Promotion Period.  Each drawn winner up to the first twenty (20) will be awarded a Grand Prize and the remaining five (5) drawing winners will each receive one First Place Prize. Epocrates will also draw up to ten (10) runner up candidates and will award any forfeited prizes based on the order in which the runner up candidates have been drawn.  Odds of winning depend on the number of entries received during the Promotion Period. Sponsor will notify winners by email, telephone, postal mail, and/or express mail on or about November 4, 2009.

If any Prize correspondence is returned as non-deliverable, the Prize will be forfeited and an alternate winner will be selected from the runner up list. Potential winners of a Prize are subject to verification by Sponsor. No more than the advertised number of Prizes will be awarded. Limit of one (1) Prize per entrant per Promotion Period.

SWEEPSTAKES RELEASE. By participating in the Sweepstakes, entrants agree to release, indemnify and hold harmless the Sponsor and it’s advertising and promotions agencies, and each of its agents, dealers, representatives, officers, directors, shareholders, and employees (collectively, “Released Parties”) from and against any injuries, losses, damages, claims, actions, or liability of any kind resulting from or arising from participation in the Sweepstakes or acceptance, possession, use, misuse or non use of any prize that may be awarded, and permit use of winner’s name and/or likeness and address for the purpose of advertising, publicity and promotion without further compensation except where prohibited by law. Released Parties are not responsible for printing or typographical errors in any Sweepstakes related materials; for transactions or entries that are lost, stolen, late, misdirected, damaged, incomplete, inaccurate, garbled, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with this promotion, or process any transaction thereon.

OTHER REQUIREMENTS OF WINNERS.

Grand Prize and First Place Prize Winners must complete all documentation required by Sponsor in connection with the Prize.

Each Grand Prize and First Place Prize may not be exchanged.  No transfer, substitution or cash equivalent of Grand Prize or First Place Prize permitted. Each Prize subject to availability and substitution with a prize of equal or greater retail value if Grand Prize or First Place Prize is unavailable or cannot be awarded for any reason, at sole discretion of Sponsor. The value of the Grand Prize and First Place Prize set forth above represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. In the event the ARV of a prize is more than the actual retail value of the prize, the difference will not be awarded in cash or otherwise. 

Sponsor has made no warranty or guarantee in whole or in part, express or implied, in fact or in law, in relation to the use of any prize including, but not limited to, its quality, merchantability, fitness for a particular purpose or suitability for use and, further, accepts no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

RIGHT TO DISQUALIFY AND CANCEL: Sponsor reserves the right, in its sole discretion, to disqualify any individual found, in Sponsor’s sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site, or to be acting in violation of the Official Rules; to be acting in violation of the terms of use of the web site, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Participants may not enter the Sweepstakes using multiple e-mail addresses or as multiple entries. Any entrant who attempts to enter under multiple identities, or uses any other device to enter multiple times will be disqualified. In the event a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to participate in the Sweepstakes at the actual time of participation, will be deemed to be the participant and must comply with these rules. Sponsor reserves the exclusive right to cancel the Sweepstakes should a virus, bug, unauthorized human intervention or other cause beyond Sponsor’s control corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In such event, the prizes will be awarded to a winner by random drawing from among all eligible entries received up to the time of cancellation.

ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE MEDTECHNOPHOBIA WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

Sponsor may prosecute any fraudulent activities to the full extent of the law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, act of domestic terrorism, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities outside of the control of either (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

INFORMATION COLLECTED AND SUBMISSIONS: Once received, all information provided by entrants will become property of Sponsor, and none will be returned. Any information submitted to the above web site is subject to Sponsor's Privacy Policy, located at http://www.epocrates.com/company/privacy.html

WINNER’S LIST: For Winners’ List send an email no later than October 30, 2009 to: winnerslist@epocrates.com with the Subject Line of “MedTechnophobia Diagnosis Sweepstakes” to receive a copy of the Winners’ List. Sponsor is not responsible for lost, late, illegible, incomplete or postage-due mail/requests. Winners’ List will be made available on and after November 5, 2009.  Winners will be contacted directly regarding their prizes.

TRADEMARK:  iPod Touch is a trademark of Apple. Amex and American Express® are trademarks of American Express.

SPONSOR: Epocrates, Inc., 1100 Park Place, Suite 300, San Mateo, CA 94403.