Goodcell – National Consumer – Win a trip package for two people

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THE GOODCELL NATIONAL CONSUMER SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS
WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD: The GoodCell National Consumer Sweepstakes (the
“Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, September 8, 2022 and
ends at 11:59:59 PM ET on Saturday, December 31, 2022 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States, including the
District of Columbia, who are age 21 or older at the time of entry. Void in Puerto Rico, Guam, the
U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of GoodCell
(the “Sponsor”), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and
their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate
family members (spouses, parents, children, and siblings and their spouses) of, and/or those living
in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable
federal, state and local laws and regulations.
HOW TO ENTER: During the Sweepstakes Period, participants may visit
https://info.goodcell.com/goodcell-sweepstakes or visit a Sponsor event as announced periodically
by Sponsor where representatives of Sponsor will have tablets/devices available to access the
entry form and follow all entry instructions to complete the entry form and submit to receive one (1)
entry into the Sweepstakes (the “Entry”).
Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy
Policy, which can be found at https://goodcell.com/privacy-policy/.
There is a limit of one (1) Entry per person. All methods of entry have an equal chance of
winning. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will
receive a trip package for two (2) people, Grand Prize winner and one (1) guest (the “Guest”), to
Canyon Ranch Resort & Retreat in Lenox, MA and one (1) 12-month personal biobanking
enrollment to GoodCell (in the event the Grand Prize winner has an existing GoodCell enrollment,
winner’s existing enrollment will be extended by 12 months). Trip package will include:
Round-trip, coach-class airfare for two (2) from a major airport within the 48 contiguous
US;
Three (3) nights hotel accommodations at Canyon Ranch Resort & Retreat
Round trip transfers to/from destination airport and hotel.
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The total ARV of the Grand Prize is: $9,766. The ARV may vary based upon dates of
travel and point of departure. The difference between the ARV and actual value of the
Grand Prize will not be awarded.
First Prizes: There are three (3) First Prizes available to be won. Each First Prize includes one (1)
Peloton Bike+ Starter and one (1) 12-month personal biobanking enrollment to GoodCell (in the
event Grand Prize winner has an existing GoodCell enrollment, winner’s existing enrollment will be
extended by 12 months). The ARV of the First Prize: $2,719 each. The ARV of physical prizes
are subject to price fluctuations in the consumer marketplace based on, among other things, any
gap in time between the date the ARV is estimated for purposes of these Official Rules and the
date the prize is awarded. The difference of any such fluctuation will not be awarded to the winner.
The total ARV of all prizes available to be won: $17,923.
There is a limit of one (1) prize per person. Odds of winning will depend upon the total number of
eligible entries received.
RANDOM DRAWING: The winners will be selected in a random drawing on or about Friday,
January 13, 2023 from among all eligible entries received during the Sweepstakes Period by the
Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are
final.
WINNER NOTIFICATION & VERIFICATION: Potential winners will be notified via email and/or
phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of
Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release
(collectively, “the Releases”). These Releases will require the winner to furnish his/her Social
Security Number for the sole purpose of tax reporting, as required by law. Travel companion of
Grand Prize winner will be required to sign a Travel Companion Liability & Publicity Release.
Noncompliance will result in disqualification and an alternate winner may be selected. Grand Prize
trip must be taken by 12/31/23 or prize will be forfeited in its entirety. The prize packages will be
awarded within approximately 45 days after the winner is verified.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not
in compliance with these Official Rules, that winner will be disqualified, and the prize may be
awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine
and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a
sufficient number of entries to correspond to the number of prizes available to be awarded,
Sponsor reserves the right to not award such prize(s).
PRIZE CONDITIONS: Prizes are not redeemable for cash, assignable, transferable and may not
be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize
of equal or greater value at its discretion. Any other incidental expenses on prize not specified
herein are the winner’s sole responsibility.
All travel related expenses, including but not limited to, ground transportation to and from
home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport
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surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage
and personal expenses are the sole responsibility of prize winner and/or his/her travel
companion(s). Any person that participates in the trip that is not deemed to be a travel
companion must pay his/her own expenses. Winner and travel companion must travel on
same itinerary. Winner and travel companion must have valid photo ID and any other
required documentation prior to departure. Travel is subject to availability. Trip must be booked
3 months in advance and must be taken by 12/31/23. Travel arrangements must be made through
an agent of the Sponsor and on an airline carrier of Sponsor’s choice, if applicable.
Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s
home. In the event the Grand Prize winner’s residence is close enough to Lenox, MA such that air
transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will
not include air transportation from such Grand Prize winner’s residence and no other substitution or
compensation will be provided in lieu thereof. The Grand Prize winner and his/her travel
companion are responsible for obtaining any travel insurance (and all other forms of insurance)
that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has
not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental
charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra
services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in
the Grand Prize with no travel companion, no additional compensation will be awarded. All hotel
reservations are based on availability and all holidays are excluded. Accommodations are subject
to availability at time of reservation. Blackout dates, advance booking requirements and travel
restrictions may apply. Availability is subject to factors such as weather, seasonality and space
availability. Reservations are subject to availability. If weather or other incident or conditions
beyond the control of the Sponsor affects the ability for winner and his/her travel companion to
redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no
further obligation to the winner and/or travel companion other than to supply the remaining
elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible
for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the
air carriers, hotels, venue operators, transportation companies, prize providers or any other
persons providing any prize-related services or accommodations. Sponsor is not liable for
expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will
be made in the event of the cancellation or delay of any transportation or other prize element
except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions
set forth in this Sweepstakes, and those set forth by airline carrier as detailed in the passenger
ticket contract. The passenger contracts in use by the airline or other transportation companies
shall constitute the sole contracts with respect to the prize winner’s and his/her travel
companion(s)’s transportation and such contracts shall be solely between the prize winner, his/her
travel companion(s) and such transportation companies. Trip components issued in connection
with the prize may not be eligible for frequent flyer miles, other rewards programs or upgrades. If
for any reason whatsoever, winner and/or travel companions are unable to travel after all travel
arrangements have been made and paid, the Sponsor shall have no further obligation to the
winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is
sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner in a
separate random drawing from among all non-winning eligible entries. Winner and travel
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companion are responsible for obtaining the proper travel documentation (e.g., valid photo ID
and/or passport with a minimum validity 6 months after the date of return) prior to travel. Winner’s
travel companion must be legal U.S. resident, 18 years or older and the age of majority in his/her
state of residence, unless Travel Companion is a child of the winner. Travel Companion must
complete and return a Travel Companion Liability & Publicity Release prior to travel as noted
above. If winner’s travel companion is deemed a minor in his or her state of primary residence,
Grand Prize winner must be minor travel companion’s parent or legal guardian and must execute
the Travel Companion Liability Release on the minor travel companion’s behalf, as applicable.
In the event a winner or his/her travel companion engages in behavior that, as determined by the
Sponsor in its sole discretion, is obnoxious or threatening, illegal, that is intended to annoy, abuse,
threaten or harass any other person, or that in any way disparages or adversely affects the
reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products,
trademarks, service marks, or logos, Sponsor reserves the right to terminate the trip early, in whole
or in part, and send the winner and/or his/her travel companion home with no further obligation or
compensation whatsoever to winner and/or travel companion. In the event a winner engages in
behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or
subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees,
fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result
of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES,
DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM
OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF
GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Winner is responsible for all federal, state, local and income taxes associated with winning prize.
Except where prohibited by law, entry and acceptance of prize constitute permission to use
winner’s name, prize won, hometown, likeness, video recordings, photographs, and statements for
purposes of advertising, promotion and publicity (including online posting) in any and all media now
or hereafter known throughout the world in perpetuity, without additional compensation, notification
or permission.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
Winners acknowledge that the Sponsor and all other businesses affiliated with this Sweepstakes
and their agents do not make, nor are in any manner responsible for any warranty, representations,
expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability
of any aspect of the prize being offered, except that each merchandise prize shall be subject to its
manufacturer’s standard warranty (if any). Once the prize has been delivered to the winner’s
provided address, the prize is considered awarded.
GENERAL: Although subsequent attempts to enter may be received, only the first complete entry
received from a particular entrant will be eligible; subsequent attempts by the same person to
enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the
Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator and their
affiliated companies, and all other businesses involved in this Sweepstakes, as well as the
employees, officers, directors and agents of each (the “Released Parties”), from all claims and
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liability relating to their participation in the promotion, and the acceptance and use/misuse of the
prize offered. Participating entrants assume all liability for and Released Parties shall be held
harmless against any liability for any injury, losses or damages of any kind to persons, including
personal injury or death, or injury to property caused or claimed to be caused in whole or in part,
directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse
of the prize, or any claims based on publicity rights, defamation or invasion of privacy, or
merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing
of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the
“Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account
Holder means the natural person who is assigned to an e-mail address by an Internet access
provider, online service provider, or other organization that is responsible for assigning e-mail
addresses for the domain associated with the submitted e-mail address. Sponsor may ask any
entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party
is the authorized account holder of the email address associated with the entry. 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 Released Parties are not responsible for:
(i) lost, late, misdirected, damaged or illegible entries; or (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; or (iii) any injury or damage to entrant’s or any other
person’s computer related to or resulting from participating in the Sweepstakes. By participating in
the Sweepstakes, entrant (i) agree to be bound by these official rules, including all eligibility
requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes
Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to
comply with these official rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if
any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity
or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the
Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals
from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and
modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner
that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from
among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE
ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO
CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF
GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL
DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A
GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE
BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS
SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE
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RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND,
INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND
USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING
FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE.
FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS,
DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR
FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE
CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES;
LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT
PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING
ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR GUESTS,
OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND
EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING
THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO
DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE
OPERATION OF THE SWEEPSTAKES, 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.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official Rules or the rights and
obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will
be governed by and construed in accordance with the internal laws of the state of Connecticut,
without giving effect to any choice of law or conflict of law rules or provisions that would cause the
application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED
BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION
ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED,
WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION;
(B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN
DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR
RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO
OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES
ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET
EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE
LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY
WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT
APPLY TO YOU.
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DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration;
provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the
state and federal courts in Fairfield County, CT and any other court with jurisdiction over the
parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and
award is final and binding, with limited exceptions, and judgment on the award may be entered in
any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action
or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding
arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc.
(“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date
within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to
have the arbitration administered by the American Arbitration Association (“AAA”) or any other
mutually agreeable arbitration administration service. If an in-person hearing is required, then it will
take place in Norwalk, CT. The federal or state law that applies to these Official Rules will also
apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be
consolidated with any other proceedings that involve any claims or controversy of another party,
including any class actions; provided, however, if for any reason any court or arbitrator holds that
this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply
and the dispute must be brought in a court of competent jurisdiction in Norwalk, CT. Sponsor
agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but
specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either
party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to
obtain and deliver his or her name, address and other information to third parties, including
Sweepstakes Administrator, for the purpose of administering this Sweepstakes and to comply with
applicable laws, regulations and rules, including, without limitation, the storing of your personal
information for purposes of complying with state record retention requirements. Any information
entrant provides to Sponsor may be used to communicate with entrant in relation to this
Sweepstakes or on a Sweepstakes winner’s list. Personal information collected from entrants are
subject to the Sponsor’s Privacy Policy, which can be found at https://goodcell.com/privacy-policy/.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see
https://info.goodcell.com/goodcell-sweepstakes or send a self-addressed, stamped envelope by
January 13, 2023, to: The GoodCell National Consumer Sweepstakes Official Rules Request,
PO Box 654, Social Circle, GA 30025-0654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after
01/13/23), send a stamped, self-addressed envelope (no later than 02/10/23), to: The GoodCell
National Consumer Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA
30025-0654.
SPONSOR: GoodCell, 50 Washington Street, Norwalk, CT 06854.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama
Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044
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Void outside the US, in Puerto Rico, Guam, the U.S. Virgin Islands and wherever else
prohibited by law.
All trademarks used herein are the property of their respective owners in the United States and
abroad. All rights reserved.