Eli Lilly Fit For Life Grand Prize Sweepstakes 2016 Official Rules

Transcription

1 106 Elm Street, Stonington, CT Eli Lilly Fit For Life Grand Prize Sweepstakes 2016 Official Rules NO PURCHASE IS NECESSARY TO ENTER OR WIN. OPEN ONLY TO THE LILLY FIT FOR LIFE HEALTH PLAN MEMBERS. PARTICIPATION CONSTITUTES ENTRANT'S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. I. SPONSOR: Eli Lilly and Company, 639 S. Delaware Street, Indianapolis, IN ( Sponsor or Lilly ) II. SWEEPSTAKES DESCRIPTION: The Sponsor is conducting health related activities where Participants (defined below) are able to earn entries into randomly selected prize drawings, as defined in Section IV, by participating in the various health related activities. This is not a Contest. You will not be competing with any other Participant. To be eligible to participate in the Eli Lilly Fit for Life Sweepstakes 2016 ( Sweepstakes or Promotion ) you must currently be enrolled in the Lilly Fit for Life Health Plan. III. ELIGIBILITY: The Sweepstakes is open only to Sponsor s full-time employees who are currently enrolled in the Lilly Fit for Life Health Plan, their Spouses and adult dependents. An employee must be a legal resident of one of the fifty (50) United States or District of Columbia ( D.C ) and at least the age of majority in the state or U.S. territory of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and twenty-one (21) in Mississippi) on date of entry. Sponsor and prize providers (each, a Partner ), and each of their parent and affiliated companies, advertising agencies, promotional partners ( Release Entities ), and relatives and those living in the same household as such employees are not eligible to enter or win. All federal, state and local law and regulations apply. Void where prohibited. IV. ENTRY PERIOD: The Sweepstakes begins 12:00 a.m. Eastern Time ( ET ) January 1, 2016 and ends 11:59 p.m. November 30, 2016 ( Entry Period ). V. Entry Methods: 1.) Online Entry Method: Eligible Lilly Fit for Life Health Plan enrolled employees ( Participants or you ) are invited to login to (the Website ) and follow the prompts to register. Participants can earn 5000 points for completing the Fit for Life Health Screening ( FLHS ) and earn an additional 5000 points for completing the Fit for Life Well-Being Assessment ( WBA ) questionnaire. Twenty-five hundred (2500) minimum total points is required by November 30, 2016 to earn one (1) entry into the random drawing. By completing the WBA, completing a health screening, online trackers and participating in a telephonic or onsite health coaching and other activities ( Activities ) featured at fitforlife.lilly.com, a Participant is able to earn additional points. For every additional 2500 points earned, one (1) additional entry is also earned. 2.) A Mail-in Entry is available only to full-time Eli Lilly employees who are enrolled in the Lilly Fit for Life Health Plan. Legibly hand print on a 3 x 5 card your company employer s name, employee ID, first name, last name, address (if available), mailing address, city, state, zip, day and evening phone numbers with area code first, and date of birth and mail it in a first class stamped envelope to: Compliance/ Eli Lilly Grand Prize Sweepstakes, PO Box 468, Stonington, CT The mail-in entry needs to be postmarked between January 1, 2016 and November 30, 2016, and must be received by CSS no later than December 5, Entries generated by a script, macro or other automated means will be disqualified. USE OF COMPUTER PROGRAMS AND/OR OTHER AUTOMATIC ENTRY METHODS, (SUCH AS "XEROX" TYPE COPIES, HACKS OR BOTS), AS A METHOD OF ENTRY IS STRICTLY PROHIBITED. Without in

2 any way waiving any of their other rights or remedies, Sponsor reserves the right to disqualify, block and/or discard any entries from any individual who enters by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process or acts in a disruptive or unsportsmanlike manner as determined by the Sponsor in its sole discretion. The Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure or any other causes which, in its sole opinion, corrupt or undermine the administration, security, fairness, integrity, or proper operation of the Sweepstakes. All Activities entered become property of the Sponsor and will not be acknowledged or returned. Activities that are forged or altered or generated by a macro, bot, or other automated means will not be accepted and will be void. All Activities earning points must be submitted no later than 11:59 p.m. ET November 30, The relevant Promotion Site s database clock will be the official timekeeper for Activities in the Promotion. For purposes of this Promotion, an Activity is received when the relevant Promotion Site s servers records the Submission information upon clicking the final Submit button. Proof of sending does not constitute proof of actual receipt of an entry VI. WINNERS DRAWING, NOTIFICATION AND ODDS: Five (5) qualified Lilly employee Participants ( Winner(s) ) will be randomly selected on or about December 14, 2016, by a Third Party Administrator ( the Administrator ) an independent judging organization, whose decisions are final in all matters relating to this Promotion. Each potential Winner will be notified by phone and . Upon initial notification and verification of potential Winner, communication will be sent to the Winner in writing via , or delivery service of Sponsor s choice. If a prize notification is returned or undeliverable to a potential Winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if potential Winner fails to return requisite document within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, an alternate Winner may be selected for the prize at issue. The odds of winning in the drawing depend upon the number of entries received. VII. PRIZES: Five (5) Grand Prize Winners will be randomly selected from all Participants who completed the Well- Being Assessment, the Health Screening and earned a minimum of Twenty-five Hundred (2,500) points will receive Free Healthcare Premium Contributions ( Prize ) for a period of one (1) year from January 1, 2017 through December 31, 2017, up to a maximum value of $4,000.00, which is determined by the plan and coverage tier. Only one (1) Health Premium Contribution Prize is allowed per selected winner employee. Total Prize Pool Approximate Retail Value ( ARV) is $20, Note: The top ten (10) Point-Earners, who earned a waived health-plan premium are not eligible to receive this Sweepstakes Prize. Sponsor reserves the right, at its sole discretion, to substitute any prize package with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. All decisions by Sponsor as to Winners and prizes are final. VIII. PRIZE CONDITIONS: The value of the Healthcare Premium Contribution Prize is taxable as income relating to the Prize, including, but not limited to, all applicable federal, state and local taxes that become due with respect to the Prize. All local, state and federal taxes are the sole responsibility of Lilly. The prize (ARV) value amount and applicable taxes will be attached to each Employee Winner s Payroll Record. To claim the Healthcare Premium Contribution, you will be required to provide your correct fullname, mailing address, telephone number and/or address. Winners may be required to sign an Affidavit of Eligibility and Liability/Publicity Release ( Prize Acceptance Release ), and return it within four (4) days of written notification. If potential Winner fails to return requisite document within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, an alternate Winner may be selected for the Prize at issue. Parents or legal guardians of a Winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and twenty-one (21) in Mississippi) will be required to also sign a

3 Prize Acceptance Release in order for the Winner to be qualified to receive their Prize. The Prize Acceptance Release is subject to verification by Sponsor. The Prizes are not exchangeable, transferable, or redeemable for cash, except in Sponsor's sole discretion. The stated ARV of the Prize is based on available information provided to Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded) and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Unclaimed Prizes will be forfeited. All properly claimed prizes will be awarded. If for reasons of termination of employment during usage of Prize, all medical benefits would cease. Cobra payments are not covered. The Prize is not exchangeable, transferable, or redeemable for cash, except in Sponsor's sole discretion. The Sponsor and its agents are not in any way responsible or liable for use or misuse of any Prize awarded in this Promotion. Sponsor reserves the right, at its sole discretion, to substitute the Prize with another Prize of equal or greater value in the event that the Prize (or any component thereof) is not available. Each Winner s acceptance of a prize constitutes permission (except where prohibited) for the Sponsor to use the Winner s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation IX. MODIFICATION: In no event will Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. If for any reason Sponsor determines, in its sole discretion, that the Promotion is no longer capable of running as intended by these Official Rules for any reason whatsoever, Sponsor reserves the right to cancel, terminate, suspend, postpone, delay or modify the Promotion, in whole or in part, including, but not limited to, any occurrences described in Rule X, or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Promotion. If Sponsor determines that more prize claims are submitted or more prize notices are distributed than the number of prizes offered in these Official Rules, Sponsor shall immediately suspend all drawings. Sponsor reserves the right to present any remaining prizes (up to the total set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. For example, Sponsor may select a winner in a random drawing from among the eligible entries received up to the time of the impairment or conducted a random drawing among all prize claimants, and neither Sponsor, the Administrator nor any of the Released Entities shall have any further liability to any entrant in connection with the Promotion. X. USE OF PERSONAL INFORMATION: The information that you provide in connection with the Promotion entry process may be used by Sponsor for Sponsor's internal purposes in connection with operation of the Promotion such as to communicate with Participant in relation to this Promotion or on a Winner's list, and such information will only be used to send Participant information about Sponsor's products and other offers if you consent to use in such manner. For more information about Sponsor s use of personal information, see Sponsor s privacy policy at Any requested opt-in consent is not required to enter the Promotion and will not increase your chances of winning. You may opt out of receiving future s from Sponsor by clicking on the link contained in the initial . You will remain eligible for this Promotion whether or not you opt out of receiving promotional s from Sponsor. All Submissions become the property of Sponsor upon receipt and will not be acknowledged or returned. XI. INTERNET LIMITATIONS OF LIABILITY: If for any reason this Promotion is not capable of running as planned for any reason, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion, in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of or after (if applicable) this termination or suspension date. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE

4 OPERATION OF THE PROMOTION 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. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the account. "Authorized account holder" is defined as the natural person who is assigned to an account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. XII. RELEASES: All Participants, as a condition of participation in this Promotion, agree to indemnify, release and hold harmless Eli Lilly and Company, American Healthways Services LLC, and Compliance Sweepstakes Services, LLC, their parents, affiliates and subsidiary companies, advertising and promotion agencies, and the officers, directors, employees and agents of each of them (individually and collectively for the purposes of this paragraph ( Release Entities ) from and against any injuries, losses or damages arising in any way from or in connection with their participation in this Promotion, the acceptance, possession or use of the prize, Promotion Entities reliance upon winner s compliance with these Official Rules, or Winner s participation in prize related activities, and further constitutes Winner s agreement that the Promotion Entities may use Winner s name, voice, likeness and/or biographical data for advertising and promotional purposes in any and all media worldwide without limitation or additional compensation XIII. GOVERNING LAW/DISPUTES: By participating, Participants agree to be bound by the Official Rules, Sponsor's Website Terms of Use (if any and if applicable to Participant's method of participating), Fit For Life Website Terms of Use (if any and if applicable to Participant's method of participating), and the decisions of the Sponsor and Administrator, which are final and binding in all respects. The Promotion and these Official Rules shall be construed and governed in accordance with the laws of the State of Indiana. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Participants, Sponsor or the Released Entities in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other states laws. Except where prohibited, as a condition of participating in this Promotion, the parties agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Promotion, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will Participant be permitted to obtain prizes for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and Participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of Indiana, in the City of Indianapolis and judgment on the arbitration prize may be entered into any court having jurisdiction thereof. The arbitrator will apply the substantive laws of the state of Indiana, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Participant irrevocably waives any right to bring or join in any class action regarding the Promotion. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, a prize may be entered against such party notwithstanding said failure to appear. BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND PRIZES WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO

5 EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY PRIZE 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 FIFTY DOLLARS $50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) PARTICIPANTS REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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. XIV. WINNERS LIST/OFFICIAL PROMOTION RULES REQUEST: For the first names and city/state of residence of Prize Winners, or a copy of these Official Rules, send a request specifying a copy of the Winners' List or Official Rules along with a self-addressed, stamped envelope postmarked by 1/09/17 and mail to: Compliance/ Eli Lilly Grand Prize Sweepstakes Winners List, PO Box 468, Stonington, CT XV. ADMINISTRATOR: Compliance Sweepstakes Services LLC, PO Box 468, Stonington, CT (the Sweepstakes Administrator ).