NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
1. Overview. These Official Rules (these “Terms”) constitute a legal agreement between RepeatMD, Inc., (the “Company”, “RepeatMD”, “we”, “us”, or “our”), and you as the Attendee (as defined below) and govern your participation in the Repeat MD Mercedes Benz GLB Sweepstakes (the “Sweepstakes”). Please read these Terms carefully. By participating in the Sweepstakes, you agree that you have read, understood, and agree to be bound by these Terms. Any changes to these Terms will be posted on the Company’s website, and your continued participation in the Sweepstakes means you have accepted these changes. “Attendee”, “you” or “your” means an owner or an employee of a medical aesthetics practice who has registered to attend RepeatMD’s “Introducing Medcommerce: The New Way to Automate Practice Growth” webinar (the “Webinar”) on April 9, 2024, from 5:00pm to 7:00pm EST (the “Webinar Period”) by completing the online registrations on the Company’s website available by visiting <https://info.repeatmd.com/2404-introducing-medcommerce>.
2. Eligibility.
2.1 Eligibility. To be eligible to enter the Sweepstakes you must be (i) an Attendee who (a) attends the Webinar for the entire duration of the Webinar Period, including but not limited to during the Sweepstakes drawing; and (b) completes the Sweepstakes entry form during the Webinar; (ii) a legal resident of the 50 United States or District of Columbia; and (iii) 18 years of age or older as of the Webinar. Sweepstakes is subject to all federal, state, and local laws and regulation and shall be void where prohibited or restricted by law. There is no cost associated with attending the Webinar.
2.2 Entry Limit. During the Webinar Attendees may be provided with multiple opportunities to complete the entry form for the Sweepstakes, with a maximum limit of five (5) attempts. Each Attendee is allowed to submit one (1) entry each time the form is made available. Each time an opportunity to complete an entry form is presented it will be available for approximately one (1) minute. The use of automated devices to enter the Sweepstakes is prohibited. Subsequent entries from the same eligible individual in excess of the entry limit will be automatically disqualified from the Sweepstakes. Any attempt by any person to obtain more than the stated number of entries will void all of that person’s entries and that person will be disqualified. RepeatMD shall not be responsible for late, lost, delayed, damaged, misdirected, incomplete, illegible, mutilated, or unintelligible entries. Incomplete or illegible entries are not eligible and will be disregarded. Only entries made per the foregoing method are permitted.
3. Sweepstakes Period. The Sweepstakes shall be administered during the Webinar Period.
4. Prizes.
4.1 Grand Prize. One (1) grand prize (the “Grand Prize”) shall be awarded. The Grand Prize shall consist of a used 2023 Mercedes-Benz GLB-Class (the “Grand Prize Vehicle”). The Grand Prize Vehicle has approximately 5,850 miles. The Grand Prize Vehicle is provided as is with no warranty. The approximate retail value of the Grand Prize Vehicle is $25,000. It will be the Grand Prize Winner’s (as defined below) sole responsibility to pick up the Grand Prize Vehicle in Houston, Texas. To take possession of the Grand Prize Vehicle the Grand Prize Winner must have a valid driver license, proof of insurance on the Grand Prize Vehicle and handle all necessary registrations on the Grand Prize Vehicle. The Grand Prize Winner in its sole discretion may choose to accept a cash prize in the amount of twenty-five thousand dollars ($25,000) in substitution of the Grand Prize Vehicle as the Grand Prize (the “Cash Alternate”). The Grand Prize Winner must decide if they will select the Grand Prize Vehicle or Cash Alternate within the timeframe stated by the Company.
4.2 Second Prizes. Three (3) second prizes (the “Second Prizes”) shall be awarded. Each Second Prize winner shall receive a Louis Vuitton bag with an ARV of $2,000. The Second Prize shall not be redeemable for cash. The approximate retail value of the Second Prize is $2,000. The “Sweepstakes Prize” shall collectively mean the Grand Prize and the Second Prize.
4.3 Winner. The Sweepstakes Prize winners (the “Winners”) shall be notified during the Webinar and the Company shall contact each Winner within forty-eight (48) hours of the Webinar Period with instructions on accepting the Sweepstakes Prize. To be verified a Winner the individual must be on the Webinar at the time they are announced as a winner. Limit of one Sweepstakes Prize per person for the Sweepstakes. For example, if a person wins a Second Prize, that person shall not be eligible to win the Grand Prize or an additional Second Prize.
4.4 Restrictions. RepeatMD shall in its sole discretion determine all elements of the Sweepstakes Prize. No substitution, transfer, or assignment of any Sweepstakes Prize or is permitted, except that RepeatMD reserves, in its sole discretion, the right to substitute a prize of equal or greater value. Any and all federal, state, or local tax obligation or other expense that the Winner may be liable for, as a result of receiving a Sweepstakes Prize is the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Each Sweepstakes Prize will be awarded only if the Winner fully complies with these Official Rules.
5. Selection Process. The Winner for the Sweepstakes shall be randomly selected from among all eligible entries at the time of the drawing. All random drawings will be conducted under the supervision of the Company, whose decisions are final.
6. Odds. Odds of winning the Sweepstakes Prize depend on the number of eligible entries received during the Webinar Period at the time of the respective drawing.
7. Publicity. The Winner shall be required to make public posts and promote the Sweepstakes on social media platforms. By accepting a Sweepstakes Prize, the Winner agrees to give the Company the perpetual right to use the Winner’s name, likeness, and statements, for promotion, trade, commercial, advertising and publicity purposes, without notice, review or approval and without any additional compensation except where prohibited by law.
8. Winner Verification. To claim a Sweepstakes Prize, the Winner must reply to RepeatMD within the time period indicated in the notification or the Winner will automatically forfeit the Sweepstakes Prize and an alternate winner may be randomly selected as the Sweepstakes Prize winner, time and circumstances permitting. If the Winner does not redeem the Sweepstakes Prize, the Sweepstakes Prize shall nonetheless be deemed satisfied and no additional compensation will be awarded. As a condition to receiving in the Sweepstakes Prize, the Winner shall execute and return a waiver and release of liability, in the form required by RepeatMD. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY COMPANY, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS PERSONNEL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, OR DEATH OR BODILY HARM, RELATING TO THE SWEEPSTAKES, THE SWEEPSTAKES PRIZE, OR THESE TERMS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S AND ITS PERSONNEL’S MAXIMUM AGGREGATE LIABILITY RELATING TO THE SWEEPSTAKES, THE SWEEPSTAKES PRIZE, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE PRECEDING LIMITATIONS SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT, OR EQUITY.
The Company 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 Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 drawing or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Company, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Terms to be available and/or claimed, Company reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims received.
10. Indemnity and Release. By entering the Sweepstakes, you, and on behalf of your heirs, executors, and administrators, agree: to release, defend, indemnify, and hold harmless RepeatMD from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (i) the Company’s website, the Sweepstakes, the Sweepstakes Prize, or any other activities engaged in in connection with the Company’s website, the Sweepstakes, or the Sweepstakes Prize, including but not limited to your participation or inability to participate in the Sweepstakes or any other activity; (ii) typographical or printing errors in these Terms or in any Sweepstakes materials, including but not limited to any advertising or promotional materials; (iii) any change in the Sweepstakes Prize (or any components thereof), including but not limited to, due to unavailability, or due to reasons beyond the Company’s control; (iv) any interruptions in or postponement, cancellation, or modification of the Sweepstakes; (v) human error; (vi) any wrongful, negligent, or unauthorized act or omission on the part of the Company or any third party; and (viii) your violation of these Terms.
11. Dispute Resolution. You and the Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to, these Terms, the Sweepstakes, the Sweepstakes Prize, the Company’s business, or the Company’s relationship with you, including any claims that may arise after the termination of these Terms. This agreement to arbitrate includes any claims against the Company’s employees, agents, or affiliates. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability, or validity of these Terms) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (the “Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the provision of these Terms. The arbitration shall be conducted in English and the seat and venue of the arbitration shall be New York, NY.
CLASS ACTION WAIVER: YOU AND THE COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor the Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
These Terms shall be governed by the laws of the State of New York, without regard to its conflicts of laws provisions. Any dispute between you and the Company, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively as specified in this Section 11, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case the Company may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, the Company is able to offer the Sweepstakes at the terms designated, with no charge to you, and that your assent to this provision is an indispensable consideration to these Terms.
12. Winner List. For Winner list requests of prizes, email <info@repeatmd.com> with the subject “Repeat MD Mercedes Benz GLB Sweepstakes – Winner List”. Winner list request available until June 15, 2024.
13. General Provisions.
13.1 Entire Agreement. These Terms represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede any and all previous discussions, communications, announcements, or agreements between the parties with respect to such subject matter.
13.2 No Waiver. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13.3 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms will continue in full force and effect.
13.4 Assignment. You may not assign, transfer, or otherwise dispose of your rights or obligations under these Terms, in whole or in part, without our prior written consent, and any such assignment without such consent shall be null and void. Company has the right to transfer, assign, or otherwise dispose of these Terms without your consent.
13.5 No Third Party Right. These Terms are intended to be and are solely for the benefit of the Company and you and do not create any right in favor of any third party.
13.6 Survival. The provisions of these Terms which by their nature are intended to survive termination of these Terms shall survive any such termination.
Neither Mercedes Benz nor Louis Vuitton is affiliated with, sponsors, or endorses this Sweepstakes.
