Brainworks® - Official Contest Rules

Official Contest Rules

  1. NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.

  2. TO ENTER THE DRAWING. The complete entry form must be filled in online in the manner listed below before 10 p.m, CST, March 22, 2010. Only fully completed forms are eligible. Each person may have a maximum of one entry.

    • Entry by Email:
      You must fully complete and submit an official registration form online at www.brainworks.info/G1213A.aspx to be eligible. Your first and last name, email and mailing address, telephone number, and code must be included in the registration form.
    • Alternative Entry Format:
      You may call Brainworks, Inc. at 972-416-9410 to register by telling the sponsor your first and last name, email and mailing address, telephone number and the code from the drawing post card to enter the drawing.

  3. PRIZE DETAILS: The prize is one 4 hour diagnostic test, a full written report, and 2-3 hour interpretation TOTAL VALUE OF THIS PRIZE: $850.00.

  4. DRAWING AND AWARDING OF THE PRIZE: On or about March 22, 2010, the potential winner will be selected by a random drawing from among the eligible entries received by www.brainworks.info or by phone 972-416-9410. The potential winner will be notified by phone and/or email on or about March 23, 2010, and will be required to confirm his/her address for paperwork delivery. The winner will have three (3) days from the time of initial contact to confirm necessary information for delivery of the prize coupon. If any prize notification or attempted notification is returned as undeliverable within three (3) days, the prize will be forfeited and may be awarded to an alternate winner from all remaining eligible entries. The winner will be required to sign and return an affidavit of eligibility (which confirms that he/she complied with the rules), a publicity release, as well as an IRS W-9 form (i.e. Request for Taxpayer Identification Number, which must be completed signed, and returned within five (5) days from date of issuance or the prize will be forfeited and awarded to an alternate winner from all remaining eligible entries. Acceptance of the prize constitutes winners consent to use by Brainworks, Inc., the winner's full name, address, city, state, photograph, voice, statements and/or other likeness and prize information in any media now known or hereafter devised without limitations and without further compensation or consideration, notification or permission, for advertising, promotional and publicity purposes by Brainworks, Inc. By accepting the prize, winners acknowledge compliance with these official rules.

  5. ODDS. Odds of winning depend upon the number of eligible entries received.

  6. ELIGIBILITY. The drawing is open to individuals legally residing in the fifty (50) United Sates (excluding Maine) and the District of Columbia who are 18 years of age or older at the time of entry. Employees of Brainworks, Inc, and their immediate families are not eligible to win a prize. Void where prohibited or otherwise restricted by law.

  7. USE OF DATA. Brainworks will be collecting personal data about participants online in accordance with its privacy policy. Please review the privacy policy at www.brainworks.info/about/privacy.aspx. By entering the drawing, the participants hereby agree they have read and accepted the privacy policy.

  8. TAXES. The valuation of the prize stated is based on available information provided by Brainworks, Inc., and the value of the prize awarded to the winner may be reported for tax purposes as required by law. The winner is solely responsible for reporting and paying any and all applicable taxes. The winner must provide Brainworks, Inc. with valid identification number or social security number before any prize will be awarded. Any person winning over six-hundred dollars ($600) in prize from Brainworks, Inc. 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.

  9. OTHER CONDITIONS. Acceptance of a prize constitutes winner's permission for the Promotion Entities to use winner's name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. All federal, state and local laws and regulations apply. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Drawing or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor's sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Drawing, (b) the Drawing or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these rules, or (c) the Drawing is otherwise not capable of running as planned by Sponsor. By entering, each participant agrees to release and hold the Promotion Entities harmless from and against any and all claims, actions and/or liability for any and all costs, injuries, losses or damages of any kind including, without limitation, death and bodily injury, due in whole or in part, indirectly or directly, from participant's participation in and/or entry into the Drawing or any Drawing related activity, or from participant's or acceptance, receipt, possession and/or use of any prize and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. Each participant further agrees that the Promotion Entities have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. The Promotion Entities are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Drawing, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible and/or postage due (or any combination thereof). The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, each entrant agrees to comply with these Official Rules. Any entrant who attempts to tamper with this Drawing in any way shall be disqualified. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. Additional restrictions may apply. Sponsor reserves the right to modify, extend, suspend, or terminate the Drawing if it determines, in its sole discretion, that the Drawing is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Drawing as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Drawing as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a “Force Majeure Event” or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Drawing. If the Drawing is terminated before the designated end date or time, Sponsor will (if possible) select the winner from all eligible, non-suspect entries received up to the event giving rise to the termination. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances.

  10. DISPUTES. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Drawing or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas or the appropriate Texas State Court located in Dallas, Texas; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Drawing but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

  11. WINNERS NAME. For the name of the Winner, send a self-addressed, stamped envelope by April 15, 2010 to Brainworks, Inc., 1918 Walnut Plaza, Carrollton, Texas 75006. The winner will be posted on the Brainworks website at www.brainworks.info/contest/promowinner.aspx on or about April 10, 2010.

  12. SPONSOR. Brainworks, Ink., 1918 Walnut Plaza, Carrollton, TX 75006