2023 UNITED ACCESS HOUSTON EXPO SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
United Access (“United Access” or “Sponsor”), through this 2023 United Access Houston Expo Sweepstakes (the “Sweepstakes”) is giving participants a chance to win certain prizes as identified herein in the PRIZES Section below. This Sweepstakes is governed by these Official Rules (“Rules”). Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Sweepstakes (“Participant”) agrees to be bound by the terms and conditions provided in these Rules, as well as by all interpretations of these Rules by United Access and by all other decisions of United Access, which are final and binding in all matters relating to the Sweepstakes. These Rules shall be interpreted by United Access, in its sole and exclusive discretion.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning. CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING.
By entering the SWEEPSTAKES, each PARTICIPANT fully and unconditionally agrees to and accepts these Rules, the information provided by United Access in connection with the Sweepstakes, and the decisions of United Access (and their authorized representatives) which are final and binding with respect to all matters pertaining to this Sweepstakes and all elements thereof.
Geographical, Age and Parental Consent Requirements: The Sweepstakes is open only to legal residents of the State of Texas who are at least eighteen (18) years of age or older at time of entry and who successfully meet all requirements of these Rules. United Access reserves the right to refuse to award a prize: to anyone failing to satisfy any of these Rules, to a minor, or to an adult accepting on behalf of a minor.
Sweepstakes Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of United Access as well as its parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Sweepstakes Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any United Access affiliated Sweepstakes, including without limitation this Sweepstakes, and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants who have won a United Access Sweepstakes in the last thirty (30) days or who have won prizes from a United Access affiliated sweepstakes or contest with a cumulative value of over $600 in the last twelve (12) months are ineligible for this Sweepstakes.
Disclaimer: Participants have the responsibility to review and understand applicable government policies and/or their employer’s policies and all applicable laws, rules and regulations (“laws”) regarding their eligibility to participate in promotions including this Sweepstakes. If an individual is participating in violation of their employer’s policies, or laws, that individual will be disqualified from this Sweepstakes, or from receiving a Prize. United Access disclaims any and all liability and responsibility for disputes related to this matter.
APPLICABLE LAW (VOID WHERE PROHIBITED):
THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF INDIANA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Notwithstanding the foregoing, the Sweepstakes is subject to and governed by applicable federal, state and local laws, rules, and regulations.
Participation in this Sweepstakes is void where prohibited or otherwise restricted by law.
SWEEPSTAKES CANCELLATION, SUSPENSION OR MODIFICATION:
United Access reserves the right to cancel, terminate, modify or suspend the Sweepstakes if it is not capable of being completed as planned for any reason, including, but not limited to, civil unrest, disease, infection by computer virus, “bugs”, tampering, unauthorized intervention, error, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Sweepstakes. The decision of United Access to cancel, terminate, modify or suspend any Sweepstakes shall be final in all respects.
The Sweepstakes begins on March 10, 2023 at 12:01 am ET and ends on March 12, 2023 at 11:59 pm ET (the “Entry Period”). During the Entry Period, Participants can enter through the methods identified herein in the HOW TO ENTER Section. Each Participant can enter only once by completing the Sweepstakes “Entry Form”. Within 5 business days following the end of the Entry Period, United Access will randomly select 2 Participants (each a “Winner”) to each receive one (1) of the prizes identified in the PRIZES Section below. The PRIZES shall be awarded in descending order to the Winners in the order they are randomly selected (i.e. the first Winner selected will win the first Prize listed, the second Winner will win the second Prize listed, and so on.) Each verified Winner may elect to have their Prize delivered either in person, electronically or via mail, as applicable.
HOW TO ENTER:
During the Entry Period, eligible participants can enter in the following different ways:
During the Entry Period, eligible Participants can enter by being physically present at the present at the United Access booth at theHouston Abilities Expo and filling out and submitting the Sweepstakes Entry Form. All Participants must accurately complete all required fields or entry will be deemed invalid. Limit one entry per person.
Via the Internet:
During the Entry Period, eligible Participants may also enter online by providing their true and correct name, home address, telephone number and email address. In order to enter online, Participants may access the no purchase necessary entry page at https://www.braunability.com/unitedaccess/us/en/our-story/news-events/abilities-expo-raffle-form.html. All Participants must accurately complete all required fields or entry will be deemed invalid. In order to participate in this manner, Participants will need a telephone contact number, Internet access and a valid email address. Limit one entry per person. No mechanically produced entries permitted. Entries must be received by the last day of the Entry Period
All entries must not be, contain, or be associated with indecent, obscene, hateful, tortious, defamatory, or libelous or contain material that violates or infringes another’s rights, or disparage any other person or party, or contain material that is unlawful in any way. Sponsor reserves the right to disqualify any comment that it finds unlawful, or in violation of these Official Rules, all in its sole discretion.
Entries Are the Sole and Exclusive Property of United Access: All Sweepstakes entries and/or related submissions, including without limitation any personally identifiable information that is capable of individually identifying any natural person or household (“Personal Information”) submitted by Participants therewith, become the sole and exclusive property of United Access upon delivery, transmission, or submission. In providing any Personal Information, Participants consent to United Access' use of such Personal Information in accordance with the Privacy Notice included in these Rules. Sweepstakes entries will not be returned and may be used by any Sweepstakes Entity for any purpose whatsoever, including without limitation for commercial and promotional purposes, without the requirement for additional consent or additional compensation of any kind to the Participant or any other individual or entity.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of United Access, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Sweepstakes, including without limitation any attempt to use multiple accounts to make multiple entry submissions, will be disqualified. Fraudulent actions are subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of United Access, United Access is not responsible for any problems which affect or result from participation or attempted participation in the Sweepstakes. This includes but, is not limited to, the following problems:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to send a text-message;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to United Access' computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
Two Winners will each receive one “Prize”. The Prizes identified directly below shall be awarded in the order they are listed to the Winners in the order in which they are randomly selected.
- Prize 1 – $100 Gift Card valued at $100
- Prize 2 – 3-Day Wheelchair Van Rental valued at $450
No transfer, assignment or substitution of a Prize is permitted, except United Access reserves the right to substitute a Prize for an item of equal or greater value in the event an advertised Prize is unavailable. Any difference between the actual value and the approximate retail value of any Prize will not be awarded. No substitution or cash equivalent will be made.
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible Participant entries received.
2 Winners will be selected by random drawing by United Access 1 day following the end of the Entry Period from among all eligible entries received. The Winners will be contacted by United Access by email within 5 days following the end of the Entry Period.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Winner must claim the Prize by confirming, via email or other written method, that they acknowledge and agree to these Rules and the manner in which they elect to have their Prize delivered. Winners must completely respond to all Sweepstakes related communications from United Access. Winners must also comply with the methods of identification required below. Failure by the Winners to claim the Prize and deliver such identification within five (5) business days of United Access notice to the Winners may lead to forfeiture of the Prize.
Prerequisites to Prize Award: Prior to being awarded a prize, Winners are required to provide an electronic copy of: a valid government-issued photo identification depicting proof of age, or other proof of age deemed acceptable to United Access in its sole and exclusive discretion. United Access may also require a winner’s affidavit of eligibility. United Access reserves the right to deny awarding the Prize if any Winner fails to provide satisfactory identification, as determined in United Access' sole and exclusive discretion.
Prize Forfeiture: Any Winner who fails to comply with the Prize claim procedures above and fails to obtain an extension from United Access, will forfeit the Prize. United Access will select a new winner at random from other eligible entrants, to award unclaimed Prizes to alternate Participants.
Additional Costs: Any costs relating to the Prize or its use in/through the United Access app are the sole responsibility of the Winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Sweepstakes, and in consideration thereof, each Participant individually warrants and represents to United Access that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules, all applicable laws and regulations and the decisions of United Access; and (iii) waive any rights to claim ambiguity with respect to these Rules.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As A REQUIREMENT for entering the Sweepstakes, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE United Access, or any other Sweepstakes Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
PARTICIPANTS UNDERSTAND THAT EACH PARTICIPANT IS WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS, AND HEREBY EXPRESSLY WAIVES, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
Additionally, as A REQUIREMENT for entering the Sweepstakes, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Neither United Access nor its agencies are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, inaccessible, or undelivered entries, or e-mail, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections (un)availability, (in)accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry, or other information, nor for the failure to capture any such information, nor for any of the above in connection with the SWEEPSTAKES individually, or any element thereof.
United Access, or any other Sweepstakes Entities, shall not be liable to entrants, winners or any other person or entity for failure to execute the Sweepstakes, or any element thereof or supply a prize, or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, DISEASE, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to United Access and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Sweepstakes, including without limitation all information submitted by such Participants in association with the Sweepstakes, on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose United Access and/or the Released Parties deem proper. Such reference and discussion may involve Participant's name and voice, and other personal/biographical material or their participation on-air.
All Participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. United Access, in its sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) gaining an unfair advantage in participating in the Sweepstakes; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY SWEEPSTAKES, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
United Access reserves the right in its sole and exclusive discretion to supplement or make changes to these Rules as well as the rules of any Sweepstakes at any time without notice. United Access reserves the right in its sole discretion to interpret the rules of any Sweepstakes, and such interpretation shall be binding upon all participants.
AGREEMENT TO ARBITRATE:
To the fullest extent permitted by law, by participating in the Sweepstakes, a Participant understands and agrees that:
- the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
- any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
- any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
- any claim or dispute regarding the Sweepstakes or these Rules will be resolved pursuant to the laws of Indiana, without regard to the conflicts of laws and rules of Indiana;
- any claim or dispute regarding the Sweepstakes or these Rules will be resolved in a tribunal within the state of Indiana, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
- if for any reason a claim or dispute regarding the Sweepstakes or these Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules may be obtained by sending a self-addressed stamped envelope to: 3430 E. Sam Houston Pkwy S. Pasadena, TX 77505. These Rules may also be found at https://www.braunability.com/unitedaccess/us/en/our-story/news-events/abilities-expo-raffle-form.html
PRIVACY NOTICE AND CONSENT TO USE PERSONAL INFORMATION: In enrolling for this Sweepstakes, you knowingly consent to provide certain Personal Information, including, but not limited to, your name, email address and phone number. United Access and its authorized third parties will use your Personal Information to facilitate the Sweepstakes, process and disclose your feedback about United Access products and services, and for United Access' marketing and promotional purposes. Any questions or requests concerning the use of your Personal Information in this Sweepstakes, including exercising any rights pertaining to your Personal Information under applicable law, can be directed to United Access at email@example.com
WINNERS LIST: To request a list of prize winners, mail a U.S. sufficiently self-addressed, stamped envelope to be received by 5/12/2023 to: 3430 E. Sam Houston Pkwy S. Pasadena, TX 77505.
500 Northwest Plaza Dr. Ste 900
St. Louis MO 63074