ELIGIBILITY: Talk About Trying Contest (the “Contest”) is open only to legal residents of the
fifty (50) United States (including the District of Columbia), who are at least eighteen (18) years of age at
the time of entry (the “Entrants”). Employees, officers and representatives, consultants, or agents of Ferring
Pharmaceuticals Inc. (the “Sponsor”), Tonic Life Communications (the “Administrator”), and their respective
affiliated companies, as well as the immediate family (spouse, parents, siblings, and children) and household
members of each such employee (collectively, the “Promotion Entities”), are not eligible. Additionally,
healthcare professionals are not eligible to enter. The Contest is subject to all federal, state, municipal,
provincial, territorial, and local laws and regulations. Void in Puerto Rico, Quebec, outside the United
States, and wherever else prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating in the Contest, Entrants agree to abide by and be
bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters
relating to the Contest. You represent and warrant that you meet the eligibility requirements to enter the
Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein and complying with all
applicable federal, state, and local laws and regulations. Prize Winner is subject to verification of
submission, if necessary.
HOW TO ENTER: Entrants may enter for the Contest beginning on April 20, 2018 but no later than
the official end date of 11:59 PM, Pacific Time on May 11, 2018 (the “Promotion Period”). The Sponsor’s database
computer is the official time-keeping device for the Contest. Eligible Entrants can enter the Contest through:
1. Sponsor's Websites: Go to www.myfertilitynav.com/contest
and follow the links and instructions for entry. After you have fully completed the entry form and submitted the
required information, you will automatically receive one (1) entry for the Contest. The entry must fulfill all
Contest requirements, as specified, to be eligible to win the prize. Entries that are incomplete, incoherent or
do not adhere to the Contest rules or specifications may be disqualified at the sole discretion of the Sponsor.
You may enter only once. You may not enter more times than indicated by using multiple email addresses,
identities, or devices in an attempt to circumvent the rules.
Multiple participants are not permitted to share the same email address. Any attempt by a
participant to obtain more than the stated number of entries by using multiple/different email addresses,
identities, registrations and logins, or any other methods will void that participant's entries and that
participant may be disqualified. Use of any automated, robotic, or third party system to participate is
prohibited, and will result in disqualification.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is
impaired or incapable of running as planned for any reason, including but not limited to (a) infection by
computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any
other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness,
integrity or proper conduct of this Contest, 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
Contest in whole or in part, at any time, without notice and award the Prize 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 the Official Rules. Sponsor
reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or
attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting
in violation of the Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO
DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 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 submitted at time of entry. 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 Contest, Entrants agree to release
and hold harmless the Sponsor, the Administrator, their respective parents, employees, officers, directors,
subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies
(collectively, the Released Parties) from and against any claim or cause of action arising out of participation
in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may
prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing
errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the
Contest or the processing of entries; or (f) 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 Contest or receipt of
any prize. 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
telephone network or telephone lines, computer on-line 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 participant's or any other person's computer relating to or resulting from participation in this
Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the
Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no
event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages
whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
WINNER AND NOTIFICATION: The potential Winner will be selected by a committee of judges
comprised of two individuals working at Tonic, two individuals working at Ferring Pharmaceuticals and two
individuals working at RESOLVE from among all eligible entries received by the Administrator. Decisions are
final and binding. The winner will be selected on or about June 18, 2018. The Winner will be contacted by
telephone, email, and/or USPS mail. Sponsor shall have no liability for Winner’s failure to receive notice due
to spam, junk email or other security settings or for Winner’s provision of incorrect or otherwise
non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize
within (7) days from the time award notification was sent, or fails to timely return a completed and executed
Affidavit of Eligibility, Liability & Publicity Release as required, the prize may be forfeited and an alternate
Winner selected.
PRIZE: There will be one (1) Prize awarded following the conclusion of the
Promotion Period. The Prize Winner, upon confirmation of eligibility, will receive a 2-night vacation package to
Miraval Arizona Resort & Spa in Tucson, AZ. Winner will choose preferred weekend from three possible travel
dates: October 5-7, October 26-28 or November 9-11, 2018. Prize includes one room (double occupancy), meals,
airfare, ground transportation and a spa credit. If winner is unable to redeem the Prize within the time period
required, the Prize will be forfeited. All expenses and incidental travel costs not expressly stated in the
package description above, including but not limited to; personal charges at lodging, telecommunication charges,
security fees, taxes, or other expenses or incidentals are the responsibility solely of winner. Winner's
companion must be eighteen (18) years old as of the date of departure and must travel on the same itinerary as
the winner. Winner's companion must also execute li ability/publicity releases prior to travel. Restrictions,
conditions and limitations may apply. The Approximate Retail Value ("ARV") of this prize trip is: $7,500 USD. No
substitution, assignment or transfer of the prize is permitted, except by Sponsor, who reserves the right to
substitute the prize or prize component with another of comparable or greater value. Winner is responsible for
all taxes and fees associated with prize receipt and/or use.
By accepting the Prize, the Winner agrees to release and hold harmless Promotion Entities, each of their related
companies, and each of their respective officers, directors, employees, shareholders, and agents from and
against any claim or cause of action arising out of participation in the Promotion or receipt or use of the
prize in question. The potential Prize Winner will be notified by email or phone, within seven (7) days of the
date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release must be
completed in order to claim his/her prize. In addition, the Winner’s traveling companion will be required to
complete and return a Travel Companion Waiver within the same time deadline (listed above). Note: The
Affidavit sent to a US potential winner will require that the winner provide their Social Security Number to
the Administrator, which will be used solely for tax reporting purposes. The Winner will be
responsible for all local, state, and federal taxes associated with the receipt of the prize. The Winner must
note that the value of the accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of
the Winner for the value of the prize). The Winner is solely responsible for all matters relating to the prize
after it is awarded. If a potential Winner fails to return requisite document(s) within the specified time
period, or if potential Winner is not in compliance with the Official Rules, then such person shall be
disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants 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 the Winner’s full name, portrait, picture, voice, likeness and/or biographical information, or content
related to Winner’s submission 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 CONTEST 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 Contest 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 Prize. The Grand Prize Winner also acknowledges 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 Prize.
USE OF DATA: Information collected from Entrants is subject to the Privacy Policy of the Sponsor
that can be linked from www.myfertilitynav.com/privacy-policy. By entering, Entrants agree to receive electronic
communications from My Fertility Navigator.
DISPUTES: By entering the Contest, Entrants agree that 1.) Any and all disputes, claims, and
causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved
individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be
limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no
event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and
Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights
to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket
expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions
concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be
governed by, and construed in accordance with the laws of the State of New Jersey without giving effect to any
choice of law or conflict of law rules or provisions that would cause the application of the laws of any other
jurisdiction. The invalidity or unenforceability of any provision of the Official Rules shall not affect the
validity or enforceability of any other provision. In the event that any provision is determined to be invalid
or otherwise unenforceable or illegal, the Official Rules shall otherwise remain in effect and be construed in
accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the
prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations
are final and binding and cannot be appealed.
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