HRC Fertility 2024 AFEC Sweepstakes

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.

The “HRC Fertility 2024 AFEC” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America and shall only be construed and evaluated according to applicable U.S. law and applicable state law. Do not enter this Sweepstakes if you are not a legal resident of the United States or are otherwise ineligible to enter in accordance with these Official Rules and Disclaimer at the time of entry.

SPONSORSHIP/ADMINISTRATOR: The Sweepstakes is sponsored and administered by HRC Fertility Management, LLC, 135 S Rosemead Blvd., Pasadena, CA 91107 (the “Sponsor”). Sponsor will conduct the Sweepstakes substantially as described in these Official Rules and Disclaimer.

ELIGIBILITY: The Sweepstakes is open to legal residents of the United States of America who are (1) at least eighteen (18) years of age and (2) who are not a current and/or former patient of HRC Fertility. Officers, directors, agents, employees, contractors, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of Sponsor and/or Sponsor’s parent companies, subsidiaries, affiliates, distributors, sales representatives, and advertising and promotional agencies are NOT eligible to participate in this Sweepstakes. In addition, current and/or former patients of HRC Fertility are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules and Disclaimer will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).

AGREEMENT TO OFFICIAL RULES AND DISCLAIMER: By participating, Entrants agree to abide by and be bound by these Official Rules and Disclaimer and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: The Sweepstakes begins at 10:00:01 a.m. Pacific Time (“PT”) on November 23, 2024 and ends at 3:59:59 p.m. PT on November 23, 2024 (“Sweepstakes Period”) by filling out and submitting a form online at https://havingbabies.com (“Website”). Once the form is submitted, all Entrants will receive an Entry Prize (defined below) and will be automatically entered for the Grand Prize (defined below) random drawing. The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. Limit one (1) entry per person/email address, per Sweepstakes, regardless of method of entry. Additional entries beyond the specified limit will be void. Entrants’ form submission will be used by Sponsor to randomly chose the potential Winner (as defined below).

By completing and submitting the form on https://havingbabies.com, Entrant agrees to opt in and authorize Sponsor and/or its affiliates to retain, maintain, and use the contact information Entrant provides on the form, including by using Entrant’s name, email address, and phone number provides, to contact Entrant and market to Entrant Sponsor’s services, promotions, and related communications, including, but not limited to, email communications and/or SMS/text messages, which may not always be secure including through transmission or receipt of emails. Msg frequency varies. Msg & data rates may apply. Entrant may opt out of receiving such promotion and marketing communications from Sponsor and/or Sponsor’s affiliates at any time by contacting Sponsor in writing at the address listed in Sponsor’s Privacy Policy (see below), or by email at marketing@havingbabies.com.

Limit one (1) entry per Entrant. To be valid, each entry must provide all requested information. Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. The Released Parties (defined below) are not responsible for late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned except as provided herein. By participating, Entrant consents to Sponsor’s, Sponsor’s affiliates, and their agents’ use of Entrant’s personal information for the administration of this Sweepstakes, or in any other manner consistent with Sponsor’s Privacy Policy, available at https://havingbabies.com/privacy-policy/.

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including, but not limited to, (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules and Disclaimer. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules and Disclaimer or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Failure by the Sponsor to enforce any provision of these Official Rules and Disclaimer shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the registration in question. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor and Sponsor’s current and former officers, directors, employees, agents, affiliated physicians, representatives, subsidiaries, parents, affiliates, affiliated entities, shareholders, consultants, advisors, attorneys, predecessors, successors, divisions, insurers, or any entity in which it has a controlling interest (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; or (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the Entry Prize, or for the Winner, the Grand Prize (defined below). Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. The Released Parties are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control (a “Force Majeure Event”). EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM OR HER. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

DRAWING AND NOTIFICATION: The potential Grand Prize Winner (“Winner”) will be selected in a random drawing conducted by the Sponsor on November 23, 2024 at 4:00:01 p.m. PT from all eligible entries received for the Grand Prize, as defined below. The Winner will receive the Grand Prize via digital download sent to the email listed on their submitted form. If the Entrant first chosen as the Winner does not respond to the email sent by Sponsor within sixty (60) days of receipt to claim the Grand Prize, that Entrant’s receipt of the Grand Prize will be deemed void and another Entrant will be chosen at random to receive the Grand Prize. Odds of winning the Grand Prize will depend on the total number of eligible entries received during the Sweepstakes Period.

PRIZES: All Entrants completing and submitting a form on https://havingbabies.com, will receive one (1) discount voucher, valued at Two Thousand Dollars and Zero Cents ($2,000.00) to be applied towards in-house fertility services provided through Sponsor and/or Sponsor’s affiliates (“Entry Prize”). Entrants will have one (1) year from the date of receipt to redeem the Entry Prize. By completing and submitting a form on https://havingbabies.com, all Entrants will be automatically entered to win a Grand Prize: One (1) discount voucher, valued at Twenty Thousand Dollars and Zero Cents ($20,000.00) to be applied towards in-house fertility services provided through Sponsor and/or Sponsor’s affiliates (“Grand Prize”). The Winner of the Grand Prize will have one (1) year from the date of receipt to redeem the Grand Prize. As defined, the term “fertility services,” means traditional medical treatment and services administered and overseen by Sponsor and/or Sponsor’s affiliates designed to induce pregnancy through In Vitro Fertilization, including, but not limited to, egg retrievals, egg freezing, sperm retrievals, sperm freezing, embryo creation, and embryo implantation. Neither Sponsor nor any of Sponsor’s affiliates make any warranties or representations about the healthcare, treatment, or fertility services offered by Sponsor.

NOTE: Substitution, assignment or transfer of the Entry Prize or, for the selected Winner, the Grand Prize, is not permitted, except by Sponsor, who reserves the right to substitute the Entry Prize or the Grand Prize with another of equal or greater value. All other expenses associated with the Entry Prize and/or Grand Prize acceptance or usage not specifically mentioned herein are the responsibility of the Entrants and/or Winner, respectively.

PRIZE CONDITIONS: By accepting the Entry Prize/the Grand Prize, Entrants/the Winner, respectively, agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prizes. Entrants/the Winner will be responsible for all local, state, and federal taxes associated with the receipt of their Prizes. Entrants/the Winner is solely responsible for all matters relating to the Entry Prize/Grand Prize, respectively, after it is awarded. FOR THE GRAND PRIZE: If a potential Winner does not claim the Grand Prize within sixty (60) days’ of receipt, as indicated above, or if a potential Winner is not in compliance with these Official Rules and Disclaimer, then such person shall be disqualified and an alternate Winner will be selected for the Grand Prize at issue.

By accepting the Entry Prize/the Grand Prize, where permitted by law, Entrants/the Winner, respectively, grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.

IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prizes. Entrants/the Winner also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prizes, including, but not limited to the healthcare, treatment, or fertility services provided through Sponsor and/or Sponsor’s affiliates.

DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and Disclaimer or the rights and obligations of Entrants and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: Any dispute arising between the parties shall be resolved by binding arbitration with JAMS, Judicate West, or some similar arbitration service provider agreed to by the parties. The relevant rules shall be determined by the arbitration service provider and may be reviewed on the websites for each of these providers. Said binding arbitration shall be before a single arbitrator, presiding remotely or at a location reasonably convenient for the parties. Binding arbitration is an alternative to the civil jury system by which the parties waive the right to file a civil action in court, or to have a jury or sitting judge determine the dispute, claim or controversy, in favor of the binding arbitration. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in an appropriate court of the forum, state or federal, having jurisdiction.

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules and Disclaimer will not affect the validity or enforceability of any other provision. If any provision of the Official Rules and Disclaimer is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules and Disclaimer contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules and Disclaimer, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules and Disclaimer shall be effective unless in writing and signed by both Sponsor and Administrator.  The waiver by Sponsor of any provision of these Official Rules and Disclaimer shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void.  These Official Rules and Disclaimer shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor and Entrant.

WINNERS LIST REQUEST: You may obtain a copy of the Winner’s name(s) or a copy of these Official Rules and Disclaimer, by sending your request via mail with a stamped, self-addressed envelope to: 135 S Rosemead Blvd., Pasadena, CA 91107.