COMERICA BANK

Michigan Ambulatory Surgery Association (MASA) SWEEPSTAKES

OFFICIAL RULES

BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. THE PURCHASE OF ANY GOODS/SERVICES WILL NOT IMPROVE YOUR CHANCES OF WINNING.  VOID IN THE STATES OF FLORIDA AND NEW YORK AND WHERE PROHIBITED BY LAW.

1. Sweepstakes Period:  The MASA Sweepstakes (the “Sweepstakes” or “Promotion”) begins at 8:30 p.m. EST on 10/9/2024 and ends at 8:30 am EST on 10/11/2024 (the “Sweepstakes” Period). Sponsor’s computer is the official clock for the Sweepstakes.

Eligibility: Sweepstakes is only open to legal residents of the 50 U.S. States or D.C., who have reached the age of majority in their state of residence as of the date of Entry (“Entrant”). Employees of Sponsor and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Sweepstakes Entities”), their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside), and household members, whether or not related, are not eligible to enter or win. All applicable federal, state, and local laws and regulations apply.

2. How to Enter:

METHOD(S) OF ENTRY: There is one (1) methods of Entry for this Sweepstakes.

ON-SITE ENTRY: Eligible entrants may submit an entry by  completing an entry form at the Comerica booth located at 6800 E Soaring Eagle Blvd, Mount Pleasant, MI 48858  Entrants will automatically receive one (1) Entry into the Sweepstakes by completing the Method of Entry.

LIMITS: There is a limit of one (1) Entry per person and per email address, regardless of method of entry, for the entire Sweepstakes Period. All Entries become the property of Sponsor and will not be acknowledged or returned. Multiple Entrants are not permitted to share the same email address or account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins, or any other methods will void that Entrant’s Entry and that Entrant may be disqualified. Each potential winner may be required to show proof of being an authorized account holder. Sponsor has the sole discretion to determine whether an Entry is eligible. Any Entry not in compliance with these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Entry submitted.

NOTES ABOUT INTERNET AND MOBILE: Normal Internet access, data, and usage charges imposed by your Internet service provider may apply. If Entrant opts to participate in this Sweepstakes via their mobile device, standard data charges may apply for data sent or received from Entrant’s device according to the terms and conditions of Entrant’s service agreement with Entrant’s wireless carrier. Other charges may apply (such as normal airtime, data charges, and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Participation in this Sweepstakes by mobile phone means that Entrant understands that Entrant may receive additional data from Sponsor relating to this Sweepstakes, including notifications to Entrant if Entrant is a potential winner in this Sweepstakes, which will be subject to the charges pursuant to Entrant’s carrier's rate plan. Cell phone/internet service may not be available in all areas. Entrant should check Entrant’s phone's capabilities for specific instructions.

3. Prize, Prize Awarding, and Odds of Winning:

PRIZE DETAILS: Total of one (1) Prize. Winner(s) will receive: Apple® iPad® (10th Generation) (“Prize(s)”). The approximate retail value (“ARV”) of the Prize(s) is $375 USD. Actual value depends on market conditions at the time of fulfilment. Any difference between the ARV and actual value will not be awarded. The prize(s) consist of only the item(s) expressly specified in these Official Rules as being part of the prize(s). All expenses and costs associated with the acceptance or use of any prize that are not expressly specified as being part of the prize(s) are the responsibility of the Winner(s). Unless specified in these Official Rules, the prize(s) are non-transferable, non-refundable, non-negotiable for cash, may not be resold, and cannot be used as a partial payment or to offset fees on any other Comerica Product or offering, except that Comerica reserves the right to substitute a prize of equivalent value in the event the offered Prize is unavailable. Prize(s) are awarded “as-is” and without any warranty, except as required by law. All federal, state and local taxes on the Prize(s), if any, are the sole responsibility of the winner. All IRS form 1099 will be issued in the prize recipient’s name if required by law. Only one Prize will be awarded per Winner. Apple and iPad are registered trademarks of Apple Inc. Apple Inc. is not associated with, is not sponsoring, and is not endorsing or administering this Promotion.

PRIZE DRAWING: Sponsor will conduct one (1) random prize drawing from all eligible entries received during the Sweepstakes Period. The drawing will be conducted within same day of the end of the Sweepstakes Period. Odds of winning depend on number of eligible entries received.

PRIZE AWARDING:  All Prizes will be awarded, provided more than enough entries have been received. Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification (TN residents need not sign the publicity releases). The potential winner will be notified by phone and must be present to win, in Sponsor’s discretion and depending upon the contact information provided with the entry. If a Potential Winner cannot be contacted after a reasonable number of attempts; is ineligible according to these Official Rules; fails to provide the required information and/or return the required Affidavit documents within the specified time period; if a prize or prize notification is returned as undeliverable; a potential winner decides to decline his/her prize for any reason whatsoever; or if a potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the required information and Affidavit are received within the specified time period, verified, and receive final approval by Sweepstakes Entities, then and only then will a potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsor are final in all respects of the Sweepstakes.

PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sponsor nor Sweepstakes Entities 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 a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a Prize. Winners will not be obligated to purchase any Sponsor products or services. Entrants indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the Prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the Prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the Prize awarded to Entrant.

4. Grant of Rights:

a.       By entering the Promotion, each Entrant grants permission to Sponsor and each of its parent companies, affiliates, subsidiaries and successors, and each of their agents and licensees, to use the Entrant’s name, company name, address, biographical information, voice and likeness for purposes of advertising and trade and other commercial purposes, worldwide, without further notice or compensation, and to display such information or content in any media now known or hereinafter developed, including, but not limited to, Sponsor’s website(s) and/or social media account(s), unless prohibited by law (“Advertising”). Each winning Entrant hereby disclaims and waives any claim of right to such Advertising, or any claim of control over the Advertising content, including any possible claims of misuse of Winner’s name, likeness or voice under contract, tort, or any other theory of law.

b.       Entrant further grants to Sponsor and its affiliates, legal representatives, assigns, agents, and licensees a world-wide, royalty free, non-exclusive, perpetual, irrevocable license to use, display, publicly perform, store, copy, transmit, broadcast, adapt, modify, reproduce, publish, distribute, make derivative works of, and/or otherwise use or reuse (without limitation as to when or to the number of times used), sublicense, and otherwise exploit any content submitted or posted by the Entrant in connection with the Promotion, and all copyright or other intellectual property rights therein, for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, sub-license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit such content for commercial or non-commercial use, and without compensation to the Entrant, except where prohibited by applicable law (“Promotions”). All copyright, trademark, or other intellectual property rights in such Promotions shall be owned by Sponsor and its licensors, and Entrant hereby disclaims and waives any claim of right to such Promotions, as well as any possible claims of misuse of Entrant’s name under contract, tort, or any other theory of law.

Entrant represents and warrants that (a) they have all necessary rights to grant the above license to their Entry; (b) their Entry does not violate, misappropriate, or infringe upon any intellectual property or proprietary right of any person or entity; and (c) they have express permission from any persons (or from the parent or legal guardian, if a minor) appearing in the Entry. They will take, at Sponsor expense, any action, including execution of documents, requested by Sponsor to confirm the above license. They represent and warrant that use of their Entry does not violate Sponsor’s Terms and Conditions or any social media site where it may be posted.

5. General Rules and Releases:

By entering the Promotion, entrants irrevocably agree to and acknowledge that they will be bound by these Official Rules and all applicable laws and decisions of Sponsor, which are final and binding in all respects; to forever and irrevocably waive all of his/her rights to claim ambiguity with respect to the Official Rules and to waive all of his/her rights to bring any claim, action, or proceeding against Comerica in connection with the Promotion; and to forever and irrevocably release, indemnify, and hold harmless Comerica and its/their respective officers, directors, employees, or agents including outside attorneys, shareholders, representatives, successors, and assigns (collectively the “Released Parties”) from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind, even if the Released Parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise from, result from, or are in connection with: (a) the Promotion including, but not limited to, any Promotion-related activity or element thereof and the Entrant’s Entry, participation, or inability to participate in the Promotion; (b) the violation of any privacy, personal, publicity or proprietary rights; (c) typographical errors in these Official Rules or any related promotional materials; (d) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Comerica’s control or as otherwise permitted in these Official Rules; (e) any interruptions in or postponement, cancellation, or modification of the Promotion, for whatever reason; (f) human error; (g) incorrect or inaccurate transcription, receipt, or transmission of any part of the Promotion Entry; (h) any system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor or by an Entrant; (i) interruption or inability to access the Promotion, or any other Promotion-related web pages or any online service via the internet due to hardware or software compatibility problems; (j) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion; (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other destroyed, incomplete, undeliverable or damaged Promotion Entries; (l) any wrongful, negligent, or unauthorized act or omission on the part of Sponsor, or any of its agents or employees; (m) the public voting or the tabulation of the votes; or (n) the selection by Sponsor or its advisors of the finalists/Winner(s).

6. Other Limitations and Conditions of Entry:

a.       In the event that more than the stated number of prizes are claimed because of a printing, production, or other error, the Winner(s) will be determined by random drawing from among verified and validated prize claims. In no event will more than the stated number of prizes be awarded.

b.       Neither the Sponsor nor the Sweepstakes Entities are responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible or misdirected entries.

c.       Entry materials that have been tampered with or altered are void. Comerica reserves the right, in its sole discretion, to disqualify any individual it (or its authorized designee) finds to be: (i) tampering with the entry process or otherwise tampering with the operation of the Promotion, or any web page or web banner ad related to the Promotion; (ii) acting in violation of the Official Rules; (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; or (iv) otherwise in violation of law as solely determined by Comerica. Any person attempting to defraud Comerica or the other participants or in any way tamper with the Promotion will be ineligible to compete in the Promotion or win a prize and Comerica may seek any and all remedies available to it, including, if appropriate, filing complaints with legal authorities.

d.       If for any reason the Promotion is not capable of running as planned or if in the sole discretion of Comerica, the administration, security, fairness, integrity, or proper conduct of this Promotion is corrupted or adversely affected, or in the event of time of war, pandemics or health emergencies, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond the Sponsor's reasonable control, Comerica reserves the right to cancel, terminate, modify, or suspend the Promotion.

7. Disputes and Dispute Resolution:

This Promotion is conducted in English. The Promotion and these Official Rules are governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. All disputes, claims, demands, or causes of action that relate to this Promotion, these Official Rules, or any Prize awarded, will first be brought to the attention of the other party and will be resolved individually, without resort to any form of lawsuit or class action.  The receiving party shall have sixty (60) days from the date of such notice to remedy the described breach or violation and notify the complaining party in writing of the resolution.  If the parties are unable to resolve the dispute, claim or demand, the parties agree that except where prohibited, 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 this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice or conflict of law rules, which would cause the application of the laws of any jurisdiction other than in the State of Texas.  Sponsor will be entitled to seek injunctive or equitable relief in the state and federal courts in Dallas County, Texas and any other court with jurisdiction over the parties.

BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY. 

8. Privacy: Entry in the Promotion, including any prize notification documents (“Entrant Data”), constitutes consent to the transfer of the personal information collected from the Entrant to the Sponsor for the purposes of administering the Promotion and for such other purposes to which Entrant may consent as outlined herein or on the Promotion website.  All information and Entrant Data submitted to Sponsor as part of this Promotion will be treated in accordance with the privacy policy located at http://www.comerica.com/privacy, consent given by Entrants at time of Entry, and with these Official Rules (which may override the privacy policy).

Who Won: For the names of the prize winner(s), available up to 90 days after drawing/winner selection, please send a written request with a self-addressed, stamped envelope to 36455 Corporate Drive, MC 7516 Farmington Hills, MI  48331.

9. Sponsor: Comerica Bank, 1717 Main Street, Dallas, TX 75201 (“Comerica” or “Sponsor”).

10. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as "may" are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of Sponsor and may be changed from time to time without notice. Sponsor reserves the right to cancel or modify the Sweepstakes at any time without notice. A copy of the Official Rules is available at https://www.comerica.com/masa-rules.  Apple Inc. is not affiliated with Sponsor and have neither endorsed nor sponsored this Sweepstakes in any way.  If you have any questions or comments, please contact us at: Comerica Bank, Attn: Corporate Legal Department, 1717 Main Street, Dallas, TX 75201.