Official Rules for the Sign-Up Sweepstakes (the “Sweepstakes”)

CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. SOME RESTRICTIONS APPLY. YOU HAVE NOT YET WON. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. REWARD: AS SPECIFIED IN THE SWEEPSTAKES ANNOUNCEMENT (DEFINED BELOW). OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, OR PUERTO RICO WITH ACCESS TO THE REAL APPEAL PLATFORM WHO MEET THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES AND THE APPLICABLE SWEEPSTAKES ANNOUNCEMENT. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND OUTSIDE THE UNITED STATES.

SPONSOR: Real Appeal, Inc., 3000 K Street NW, Suite 350, Washington, D.C. 20007 (“Sponsor”).

THESE RULES CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THE RULES IN THEIR ENTIRETY BEFORE ENTERING THE SWEEPSTAKES.

  1. ELIGIBILITY: The Sweepstakes are offered only to (a) legal residents in the 50 United States, the District of Columbia, and Puerto Rico (b) who are at least 18 years of age or older at the time of entry, (c) have access to the Real Appeal Platform at [https://coach.werally.com/register/?program=real_appeal] and (d) meet other criteria specified in the Sweepstakes Announcement, which are incorporated in to these Rules by reference (each an “Eligible Entrant”). If any winner is an Eligible Entrant but is a minor in his/her state, province, or territory of residence, a reward may be awarded in the name of such winner’s parent/legal guardian, who must complete and return to Sponsor any required documentation. Employees, officers, and directors of Sponsor, or any of its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to participate or win. All federal, state, provincial, and local laws and regulations apply. Sponsor reserves the right to verify the eligibility of winners, including, without limitation, by requiring U.S. residents to provide a valid identification and a valid taxpayer identification number or social security number or Canadian residents to provide a valid identification to claim a reward. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a reward is contingent upon fulfilling all requirements set forth herein.

    From time to time, Sponsor may offer individuals the opportunity to enter into a sweepstakes promotion (“Sweepstakes”). Sponsor will announce a Sweepstakes through an official sweepstakes email or other promotion (“Sweepstakes Announcement”). The start and end date and time for each Sweepstakes (“Entry Period”), during which entries must be submitted, will be clearly stated in each Sweepstakes Announcement. Sponsor’s clock is the official clock for the Sweepstakes. The start and end date and time, and other information provided in the Sweepstakes Announcement in connection with a particular Sweepstakes form a part of the Official Rules for that Sweepstakes. Sponsor will only accept entries submitted as described in these Rules and the applicable Sweepstakes Announcement during the specified Entry Period. Unless otherwise specified in the Sweepstakes Announcement, each Eligible Entrant may submit up to one (1) total entry during the Entry Period, provided such Eligible Entrant meets all criteria in these Rules and the relevant Sweepstakes Announcement. You must have access to the internet to enter.

  2. HOW TO ENTER A SWEEPSTAKES: After you have received and as specified in a Sweepstakes Announcement, you may enter the Sweepstakes during the Entry Period by signing up for Real Appeal at https://www.uhc.com/member-res... and completing your Member Information as part of the registration/enrollment process. By entering your Member Information, you will be automatically entered into the Sweepstakes. You do not have to complete the registration process for entry into the Sweepstakes.

    Information you enter that is incomplete, garbled, corrupted, or unintelligible for any reason are void. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.

    Unless otherwise specified in the Sweepstakes Announcement, each Eligible Entrant is permitted only one (1) entry per Sweepstakes. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, registrations, email addresses, log-ins, automated and/or third-party entries or any other improper method will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. Each Entrant must specify one (1) unique email address. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Entries from one Sweepstakes will not be transferred to any other Sweepstakes, unless otherwise specified by Sponsor in writing. To be eligible to win a reward during an Entry Period, you must enter that Sweepstakes during the applicable Entry Period using the applicable entry method.

  3. REWARD: Sponsor will select one (1) reward winner for each Sweepstakes, unless otherwise specified in a particular Sweepstakes Announcement. The rewards and applicable approximate retail value (“ARV”) may vary, and will be specified for each Sweepstakes in the applicable Sweepstakes Announcement.

    Reward Restrictions: Limit one (1) reward per person/household, per Sweepstakes. Each Sweepstakes shall be administered separately, and the total aggregate ARV of the reward for each Sweepstakes is based solely on that particular Sweepstakes. Sponsor shall, in its sole discretion, select the rewards and reward winners. If you have questions regarding any reward, please contact Sponsor at rewards@werally.com. Dates, times, deadlines, and rewards are subject to change in the sole discretion of the Sponsor.

    ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF REWARD NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF WINNER.

    Reward cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent reward substitutions at its sole discretion. Sponsor will not replace any lost or stolen rewards or components of a reward(s). Reward cannot be used in conjunction with any other promotion or offer. Only the number of rewards stated in these Official Rules or an applicable Sweepstakes Announcement is available to be won in the Sweepstakes. If, by reason of a print or other error, more rewards are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of rewards available.

  4. SELECTION OF WINNERS; ODDS OF WINNING: Within a reasonable period of time after the close of the Entry Period, Sponsor will select the name of one (1) winner (or, if otherwise specified in the Sweepstakes Announcement, the stated number of winners) in a random drawing from among all eligible entries received for the applicable Sweepstakes. The drawing will take place at Sponsor’s offices in Washington, D.C. or another location designated by Sponsor. If your entry is drawn, you will be deemed the potential winner of the reward for the applicable Sweepstakes, pending confirmation and/or verification of your eligibility and compliance with these Official Rules. The odds of winning are based on the number of eligible entries received.
  5. Award of Rewards. If you are selected as a potential recipient of a reward, you will be notified by email, telephone, or mail within ten (10) business days.
    1. How to Claim Your Reward. To claim your reward, you must reply to Sponsor as specified and within the time period indicated in your notification or Sponsor may, in its sole discretion, select an alternative potential recipient.
    2. Required Documentation. Before awarding a reward, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Official Rules and to execute and return any required documentation, including but not limited to, a Declaration of Eligibility and Release, tax acknowledgment, and other forms. If requested, you must execute and return any and all documents or provide information requested by Sponsor completed in their entirety within fourteen (14) business days from the date any such documents are sent to you or such other time that Real Appeal specifies, and participate in any other checks or activities upon request, or your reward may (in Sponsor’s sole discretion) be forfeited.
    3. Forfeiture of Reward. If you are found to be ineligible or otherwise not in compliance with these Rules, you fail to submit any required documentation, you decline to accept the reward, Sponsor is unable to contact you, or in the event that the reward or reward notification is returned undeliverable, you will forfeit the reward, and Sponsor may, in its sole discretion, select an alternative potential reward recipient from the pool of all Eligible Entrants.
    4. Delivery. Please allow 8-12 weeks for delivery of your reward, which will be mailed to the address you provided at registration.
    5. Additional Terms. The right to receive a reward is non-assignable and non-transferable, and no reward substitution, exchange, transfer or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute a reward of equal or greater value in case of unavailability of reward or force majeure. Sponsor will not replace any lost or stolen rewards or components of a reward. Only the number of rewards stated in these Rules and on the Website in respect of the applicable Sweepstakes will be available to be won in that Sweepstakes. If, by reason of a print or other error, more rewards are claimed than the number set forth in these Rules and on the Website in respect of a Sweepstakes, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of rewards available. Once a Reward is fulfilled, it cannot be cancelled or changed; it is completely non-refundable. There are no refunds, exchanges, replacements, conversions for currency, or credits.
    6. Canadian Residents. If you are a Canadian resident, in order to claim a reward as part of a Sweepstakes, you may be required by Sponsor to correctly answer a skill-testing mathematical question (which may be time-limited) posed during (a) a pre-arranged telephone interview; or (b) an email communication.
    7. Verification. EACH POTENTIAL REWARD RECIPIENT IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ELIGIBLE ENTRANT IS NOT A WINNER OR RECIPIENT OF ANY REWARD UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
  6. Rewards are final. Unless otherwise noted at the time of redemption, all rewards are final, cannot be returned, and will not be replaced by Real Appeal.
  7. TAXES AND FEES. YOU ARE RESPONSIBLE FOR TAXES IN CONNECTION WITH ANY REWARD. ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF A REWARD NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF REWARD RECIPIENTS.
  8. Third Party Providers. Unless otherwise indicated, Real Appeal’s rewards are supplied by third parties, not under the ownership or control of Real Appeal (“Third Party Providers”). Real Appeal is not responsible for the act or omission of any such Third Party Provider, nor is Real Appeal liable for any losses or penalties incurred if any Third Party Provider is sold, ceases to exist or becomes inoperative; or if a reward or part of a reward is cancelled or modified; or for acts of nature that affect any reward. Real Appeal, its subsidiaries, and affiliates make no guarantees, warranties, or representations of any kind concerning any reward, and are not responsible for Third Party Provider products or programs or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of participation in a Third Party Provider product or program, including without limitation, (i) failure or delay by the Third Party Provider to redeem rewards or to provide any specific Rewards, for whatever reason; (ii) loss or damage caused by rewards supplied or requested in connection with the Third Party Provider product or program; (iii) any changes to a Third Party Provider product or program with or without notice; (iv) termination of a Third Party Provider product or program, with or without notice, for whatever reason.

    You agree not to make any claims against us for any matter connected in any way with a Third Party Provider product. You agree that your sole recourse for any and all liability in connection with a Third Party product will be against the third party only. You release Real Appeal and its parent, subsidiaries and affiliates from any and all liability regarding the redemption or use of rewards or other participation in the Sweepstakes.

    1. Merchandise Rewards. All merchandise rewards fulfilled by or through Third Party Providers are subject to product availability and may change without notice, including the identity of the Third Party Provider. Entrant will be notified if the item Entrant has ordered is not available and if and when it will become available. Items shown on the website or in Sweepstakes communications are the latest models available at the time of publication. In the case of products that are not available, reward may be substituted with an item of equal or greater value or, at Real Appeal’s option and discretion, Real Appeal may deliver the reward when the product becomes available. Third Party Provider may ship the model pictured or the most current comparable model available. If a product is received and determined to be defective, it will be the user’s responsibility to follow the information for making a claim under any manufacturer’s warranty provided with each product and the user will have no recourse against Real Appeal.
    2. Gift Cards. Real Appeal may offer gift cards (“Gift Cards”) and gift certificates (“Gift Certificates”) that are issued by a Third Party Provider. Such Gift Cards/Gift Certificates may be subject to additional terms and conditions, which are entirely within the Third Party Provider’s control. Real Appeal is in no way affiliated with the issuers of the Gift Cards/Gift Certificates, nor are they considered sponsors or co-sponsors of the Sweepstakes. Gift Cards/Gift Certificates are valid at participating merchants only through the expiration date printed on the front or back of the Gift Certificate or Gift Card, except as otherwise provided by applicable law. Acceptance of the Gift Cards/Gift Certificates is the sole responsibility of the participating merchant. No photocopies of Gift Cards/Gift Certificates will be honored. Gift Cards/Gift Certificates have no cash value and may not be redeemed for cash or its equivalent. Any unused portion will not be returned as cash unless a Gift Card/Gift Certificate states otherwise, or as required by law. Gift Cards/Gift Certificates are transferable unless otherwise noted on the Gift Cards/Gift Certificates. Gift Cards/Gift Certificates are void where prohibited by law. Unless otherwise stated on the Gift Card/Gift Certificate, Gift Cards/Gift Certificates for rewards offered do not include any federal, state or local taxes, which are the Entrant’s sole responsibility at time of redemption. Real Appeal, Third Party Providers and any other participating merchants are not responsible for refunding or replacing lost, stolen or mutilated Gift Cards/Gift Certificates or tickets. Some Gift Cards/Gift Certificates or other rewards require an additional charge for shipping and handling. If applicable, Gift Cards/Gift Certificates or rewards do not include gratuities.
  9. GENERAL CONDITIONS: SPONSOR AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, CLIENTS, CUSTOMERS, PARTNERS, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, (“RELEASED PARTIES”) ARE NOT RESPONSIBLE FOR ILLEGIBLE, LOST, LATE, INCOMPLETE, MISDIRECTED, OR UNDELIVERABLE EMAIL OR ENTRIES; OR FOR ANY WEBSITE, COMPUTER, TELEPHONE, SATELLITE, CABLE, NETWORK, ELECTRONIC OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, OR AVAILABILITY, OR GARBLED, CORRUPT OR JUMBLED TRANSMISSIONS, SERVICE PROVIDER/INTERNET/WEB SITE/USE NET ACCESSIBILITY, AVAILABILITY, OR TRAFFIC CONGESTION, OR ANY TECHNICAL, TYPOGRAPHICAL, PRINTING, OR OTHER ERROR, OR UNAUTHORIZED HUMAN INTERVENTION, OR THE INCORRECT OR INACCURATE CAPTURE OF REGISTRATION OR LOG-IN INFORMATION, OR THE FAILURE TO CAPTURE, OR LOSS OF, ANY SUCH INFORMATION OR LOG-INS OR OF ANY ENTRIES. PROOF OF SUBMISSION OF ENTRY WILL NOT BE DEEMED PROOF OF RECEIPT BY SPONSOR. THE RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, OR TECHNICAL ERROR. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.

    These Official Rules are subject to and incorporated by reference within Sponsor’s Terms of Service. If there is any conflict between the Terms of Service and these Official Rules, the Official Rules take precedence but only in relation to an applicable Sweepstakes. In the event of any conflict with any details contained in these Official Rules and details contained on the Website, the details set forth in these Official Rules shall prevail. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of a Sweepstakes or to be acting in violation of these Official Rules. In such event, Sponsor may terminate an individual’s ability to participate in any or all Sweepstakes and/or to receive a reward.

    CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES OR THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

  10. MODIFICATION AND CANCELLATION: If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the sweepstakes and award the reward at random from among the eligible, non-suspect entries received up to the time of the impairment. SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO END OR NO LONGER PROCEED WITH A SWEEPSTAKES.
  11. Disclaimer of Warranties. The Sweepstakes and Real Appeal platform are provided on an “as is” basis. Real Appeal disclaims any and all representations and warranties, express or implied, with respect to any information, services and commercial offerings, including without limitation any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and/or accuracy of information provided with respect to the Sweepstakes and the Real Appeal platform. Real Appeal further disclaims any warranties that the Sweepstakes or the Real Appeal platform will be free from computer viruses or without technical glitches, including without limitation for any failure of performance, interruption, delay or defect. Real Appeal does not offer any warranty with respect to the results obtained from participating in the Sweepstakes, nor as to the accuracy, reliability or content of any information, service or offerings provided through the Sweepstakes or the Real Appeal platform. Real Appeal does not warrant that the Sweepstakes or Real Appeal Platform will be uninterrupted or error free, nor does Real Appeal make any warranty with respect to the results obtained from participating in the use of the Sweepstakes or Real Appeal platform, or as to the accuracy, reliability or content of any information, service or offerings provided through either.
  12. LIMITATION OF LIABILITY AND RELEASE: BY ENTERING A SWEEPSTAKES, YOU, AND ON BEHALF OF YOUR HEIRS, EXECUTORS, AND ADMINISTRATORS, AGREE: (A) TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL APPLICABLE LAWS AND DECISIONS OF SPONSOR, WHICH SHALL BE BINDING AND FINAL; (B) to waive any rights to claim ambiguity with respect to these Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against the Released Parties in connection with the Website or any Sweepstakes, including any REWARD; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, outside attorneys’ or legal fees) that may arise in connection with: (i) the Website, Sweepstakes, any REWARD, or any activities engaged in in connection with the Website or a Sweepstakes, or any REWARD, including but not limited to your participation or inability to participate in any Sweepstakes or other activity, (ii) typographical or printing errors in these Rules or the Sweepstakes materials, including by not limited to a Sweepstakes Announcement; (iii) any change in any REWARD (or any components thereof) due to unavailability, or due to reasons beyond Real Appeal’s contol; (iv) any interruptions in or postponement, cancellation, or modification of any Sweepstakes; (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any entry, (vii) any technical malfunctions or unavailability of the Website, or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or you, (viii) interruption or inability to access the Website or any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties or any other third party, (xii) lost, late, stolen, misdirected, damaged or destroyed rewards (or any element thereof), or (xiii) the negligence or willful misconduct by you or of any third party.

    SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR ACCEPTANCE AND/OR USE OF ANY REWARD. BY PARTICIPATING IN ANY SWEEPSTAKES OR ACCEPTING ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND USE OF A REWARD AND AGREE THAT YOUR PARTICIPATION AND ARE SOLELY AT YOUR OWN RISK.

  13. DAMAGES EXCLUSION: IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ANY ENTRANT OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH A SWEEPSTAKES, OR YOUR RECEIPT OR USE OF A REWARD, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE 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. Sponsor disclaims any liability from and in connection with the Website. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  14. Resolving Disputes
    1. Let’s Try To Sort Things Out First: We want to address your concerns without needing a formal legal case. Before filing a claim against Sponsor, you agree to try to resolve the dispute informally by contacting legal@realappeal.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission – and only then – , you or Sponsor may bring a formal proceeding.
    2. We Both Agree To Arbitrate: You and Sponsor agree to resolve any claims relating to these Official Rules or any Sweepstakes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be held in the state in which you reside. For residents outside the United States, arbitration shall be initiated in Washington, DC, and you and Sponsor to submit to the personal jurisdiction of any state or federal court in Washington, DC, and you and Sponsor agree to submit to the personal jurisdiction of any state or federal court in Washington, DC to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
    3. Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by sending a letter to Sponsor that must be postmarked within 30 days of your Sweepstakes entry. The letter must specify your first and last names, mailing address, email used to register for and become a Real Appeal member and explain that you are opting out of this arbitration provision. The letter should be sent to Real Appeal, Inc., ATTN: Legal Department, 3000 K Street, NW, Suite 350 Washington, DC 20007.
    4. Arbitration Procedures: The arbitration shall be conducted by a single arbitrator, governed by the rules of the JAMS that are in effect at the time the arbitration is initiated, available at jamsadr.com or by calling JAMS at 1-800-352-5276 (referred to as the “JAMS” rules) and under these Official Rules. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.
    5. Arbitration and Attorney’s Fees: Sponsor will pay all arbitration fees for claims less than $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration, including, but not limited to, attorney’s fees and expert witness costs unless Sponsor is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Sponsor and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Sponsor and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Official Rules and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, Sponsor and you agree not to seek attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for any improper purpose. Sponsor and you understand that, absent this mandatory arbitration provision, Sponsor and you would have the right to sue in court and have a jury trial. Sponsor and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If Sponsor is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Sponsor. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Sponsor and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Sponsor to the extent that any such claims arise out of your access to or participation in the Sweepstakes or any component thereof or other promotion or incentive run in connection with any reward.
    6. Exceptions to Agreement to Arbitrate: Either you or Sponsor may assert claims, if they qualify, in small claims court in the District of Columbia or any other county in which Sponsor has a principal business address, provided the informal dispute resolution described above was unsuccessful Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
    7. No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

      BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST REAL APPEAL, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION TO THE EXTENT THAT YOU PARTICIPATE IN A SWEEPSTAKES.

    8. Judicial forum for disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sponsor agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the District of Columbia. Both you and Sponsor consent to venue and personal jurisdiction there.
    9. Choice of Law: You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state or provincial law concerning arbitration. You otherwise agree that the law of the District of Columbia governs these Official Rules and any claim or dispute that you may have against us, without regard to D.C.’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
  15. PUBLICITY AND INTELLECTUAL PROPERTY RIGHTS: By participating in a Sweepstakes, you agree to allow Real Appeal and/or Real Appeal’s designee the perpetual right to use your name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law; if requested by Real Appeal, you shall provide any requested consents.
  16. PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.werally.com/corporate/privacy/. Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of reward fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.
  17. OFFICIAL RULES AND WINNER’S LIST: For a copy of the Official Rules, visit https://rallyhealth.com/legal/sweepstakes/RA or send a self-addressed, stamped envelope to: Real Appeal, Inc., Legal Department, 3000 K Street NW, Suite 350, Washington, D.C. 20007. For the identity of a reward winner, please send a self-addressed, stamped envelope to: Winners List, Real Appeal, Inc., 3000 K Street NW, Suite 350, Washington, D.C. 20007 with a description of the Sweepstakes and copy of the relevant Sweepstakes Announcement. Vermont residents may exclude return postage. Sponsor will only respond to winner’s list requests that it receives in the thirty (30) days after the close of the Sweepstakes that is referenced in the copy of the Sweepstakes Announcement.

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Dated: May 2021