SmithRx Member Portal Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. Further eligibility restrictions are contained in the Official Rules below.
- DESCRIPTION: The “SmithRx Member Portal Sweepstakes" (the "Sweepstakes") will begin on Friday, December 1st, 2023, and end at 11:59pm Pacific Time ("PT") on Friday, February 16, 2024 (the “Sweepstakes Period”). The Sponsor of this Sweepstakes is Smith Health, Inc., with its principal address at 300 Brannan Street, Suite 601, San Francisco, CA 94107 (“Smith” or “Sponsor”).
- ELIGIBILITY: The Sweepstakes is open only to individuals who are (i) members or beneficiaries of a SmithRx prescription drug benefit plan that is effective as of November 1, 2023, (ii) legal United States residents residing in the forty-eight (48) contiguous United States or Washington, D.C., and (iii) at least eighteen (18) years of age and the age of majority in their state of primary residence at the time of entry (“Entrant”). In the event of a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Employees, owners, shareholders, officers and directors of Sponsor, and each of Sponsor’s agents, representatives, promotion and advertising agencies together with the Immediate Family Members and/or those living in the same household of such persons (collectively, the “Sweepstakes Entities”), are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes, "Immediate Family Members" shall mean parents, step- parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
- HOW TO ENTER: To enter the Entrant must visit https://portal.mysmithrx.com/login and enter the requested information (Entrant’s first and last name, email address and date of birth) and create and confirm a password in order to create a Smith Member Portal Account (“Account”). Entrant’s Account must be created no later than 11:59 pm PT on Friday, February 16, 2024 in order to constitute an entry. If you do not want to participate in the Sweepstakes, email email@example.com before 11:59pm PT on Friday, February 16, 2024. Sweepstakes Entities will determine in their sole discretion which entries have satisfied the eligibility requirements. Limit one (1) entry per person for the duration of the Sweepstakes. Except as expressly set forth in these Official Rules, any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods may void that Entrant's entry and result in disqualification of that Entrant, at Sponsor’s discretion. ELIGIBLE ENTRANTS MUST ENTER IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion, and notice will be posted at https://www.smithrx.com/portalsweepstakes
- WINNER SELECTION AND NOTIFICATION: At the conclusion of the Sweepstakes Period, ten (10) potential Prize winners (“Potential Winners”) will be selected via random drawing conducted by the Sponsor from all eligible Entries received. The Potential Winners will be notified on or about Thursday, February 29, 2024, in the form of an email from the Sponsor sent to the email address provided by the Entrant when creating Entrant’s Account (the “Notification”). Potential Winners will be required to respond to the Notification and sign and return a “Prize Acceptance Form” covering eligibility and liability within three (3) business days of attempted Notification. If a Potential Winner fails to return the Prize Acceptance Form within the date and time indicated in the Notification, or is found to be ineligible, or if he/she does not comply with the Official Rules, such Potential Winner and their entry will be disqualified and an alternate Potential Winner may be selected from all remaining eligible Entries, or the Prize may not be re-awarded, at Sponsor’s discretion. Upon Prize forfeiture by a Potential Winner, for any reason, no compensation will be given. ALL FEDERAL, STATE AND LOCAL TAXES AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF A PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
- ODDS OF WINNING: Odds of winning depend on the number of eligible entries received.
- PRIZES: There are ten (10) Prizes available. Each Prize consists of one $450 Apple gift card. The approximate retail value of each Prize is four hundred dollars ($450). Limit one Prize per person. Prior to receiving a Prize, Prize Winners cannot assign or transfer their Prize claim to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sweepstakes Entities. If a Prize cannot be awarded due to circumstances beyond the control of the Sweepstakes Entities, a substitute prize of equal or greater retail value may be awarded. No refunds or credit for changes are allowed. Other restrictions may apply.
- CONDITIONS OF PARTICIPATION: All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes if for any reason the Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will randomly select the Winners from eligible entries received prior to the cancellation/suspension date. Sweepstakes Entities may disqualify Entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND ENTRANT HEREBY EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- RELEASE: By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, and each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from and against any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from in the operation of this Sweepstakes, as well as any injuries, losses, liabilities or damages of any kind including personal injury or death resulting from acceptance, possession or use of a Prize including participation in any activity related thereto, or from participation in the Sweepstakes. The Released Parties shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (iv) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes; or damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes.
- GOVERNING LAW/JURISDICTION: This Sweepstakes is governed by the laws of the United States and the State of California, without respect to conflict of law doctrines. As a condition of participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.
- WINNERS/OFFICIAL RULES: To obtain the names of the Winners or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to "SmithRx Member Portal Sweepstakes Winner List or Rules”, Smith Health, Inc., 300 Brannan Street, Suite 601, San Francisco, CA 94107. Residents of Vermont may omit return postage. Requests must be received within one month after the end of the Sweepstakes Period.