Promotions & Disclaimers

Follow @ma_modernacupuncture on Instagram for more details.
Instagram Contest Please join our movement to make the world a healthier and happier place – we can’t do it without you. We all deserve to glow from the inside out and empower the best version of ourselves. We are on a mission to make sure everyone joins our movement "Let’s Tingle"!

Join the Movement and Win $1,000 for you and $1,000 for your favorite charity: Share your “Why I Tingle” video or photo on Instagram showing us how you pursue health, happiness and well-being using hashtag, #LetsTingle and tell us how acupuncture is helping you achieve your health, wellness and beauty goals.

Everyone wants to tingle… What makes you tingle? Let’s Tingle may mean something different to everyone, but we all deserve to look and feel good.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: This Contest is open only to those who participate via Instagram video or photo submission using hashtag: #LetsTingle and follow @ma_modernacupuncture. Participants must be 18 years of age or older as of the date of entry. The Contest is only open to legal residents of United States and is void where prohibited by law. Employees of ACU Development, LLC (“Modern Acupuncture”), its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to win the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Modern Acupuncture as final and binding as it relates to the content of this Contest.

3. Contest Period: Entries will be accepted online starting at 12:01 a.m. Eastern Time on October 1, 2018 and ending at 11:59 p.m. Eastern Time on October 31, 2018. All online entries must be received by at 11:59 p.m. Eastern Time on October 31, 2018.

4. How to Enter: The Contest must be entered by submitting a video or photo with ma_modernacupuncture and using the hashtag #LetsTingle. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. The post must be public to be eligible to win. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Modern Acupuncture. You must provide the information requested via the rules outlined for the contest. You may not enter using multiple email addresses, identities, or devices to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Modern Acupuncture.

5. Prizes: The Winner(s) of the Contest (the “Winner”) will receive a $1,000 cash prize. The winner will also be awarded a $1,000 donation in their name to the 501(c)(3) charity of their choice. The specifics of the prize shall be solely determined by Modern Acupuncture. No cash or other prize substitution shall be permitted except at Modern Acupuncture’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Modern Acupuncture to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Odds: The odds of winning depend on the number of overall eligible entries received. One entry per person.

7. Winner Selection and Notification: One (1) winner will be selected from all eligible entries based upon the most organic “likes” received on photos or videos submitted prior to October 31, 2018 under the supervision of Modern Acupuncture. Winner will be notified via an Instagram personal message within five (5) days following selection of Winner. Modern Acupuncture shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail 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 90 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT MODERN ACUPUNCTURE ‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Modern Acupuncture, anyone acting on behalf of Modern Acupuncture, and Modern Acupuncture’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Modern Acupuncture. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Modern Acupuncture from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Modern Acupuncture may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

9. Terms & Conditions: Modern Acupuncture reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Modern Acupuncture’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Modern Acupuncture may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Modern Acupuncture. Modern Acupuncture reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. Modern Acupuncture has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Modern Acupuncture reserves the right to seek damages to the fullest extent permitted by law.

10. Limitation of Liability: By entering, You agree to release and hold harmless Modern Acupuncture and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

11. Disputes: THIS Contest IS GOVERNED BY THE LAWS OF THE U.S. AND ARIZONA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Arizona having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Modern Acupuncture website. To read the Privacy Policy: https://www.modernacupuncture.com/privacy.

13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Modern Acupuncture 4362 N. Frank Lloyd Wright Blvd., Suite 2300, Scottsdale, AZ 85260. Requests must be received no later than December 1, 2018.

14. Instagram: The Contest hosted by Modern Acupuncture is in no way sponsored, endorsed, administered by, or associated with Instagram.

15. By entering our contest You, the Contestant, you agree that have affirmatively reviewed, accepted, and agreed to all of the Official Rules.

Additional Disclaimers:

Modern Acupuncture reserves the right to revoke full or partial prize from any winner who it or the organization deems may, in its sole discretion, be a safety risk, in violation of any policy or law, or may bring Modern Acupuncture into disrepute.

Normal phone/internet access and data/usage charges imposed by entrant’s phone/online carrier apply. Modern Acupuncture, its representatives, employees, subsidiaries or affiliates are not responsible for any charges related to posts made by or messages received via mobile phone. Entrants must have an Instagram account to enter via this method and have account privacy settings set to “Off”. By including the hashtags #LetsTingle in entrant’s entry, entrant is agreeing to these Official Rules. If entrant’s entry depicts other people, they must be 18 years of age or older (or have consent from a parent or guardian) and they must have provided permission for entrant’s submission of the entry. An entry will be deemed to have been made by the “authorized account holder” of the Instagram account, as applicable, utilized at the time the entry is made. For purposes herein, the “authorized account holder” refers to the person assigned by Instagram, as applicable, to an account. Any attempt by a person to use multiple accounts to enter via Instagram more than once will result in disqualification. For the avoidance of doubt, acceptance of entries or submissions will not be deemed to waive any provisions of these Official Rules, and the entrant may subsequently be disqualified. Modern Acupuncture is not responsible for transmission and/or computer error.

By entering via Instagram, entrant agrees to waive any rights entrant may have to the entry submitted. The entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Modern Acupuncture, determined in Modern Acupuncture’s sole discretion. Entries must be in keeping with Modern Acupuncture’s image and may not be offensive, as determined by Modern Acupuncture in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Entrants may not copy or otherwise plagiarize the entry from any source. All entries must be the sole, original work of the entrants. Any entry or portion thereof that is, in the Modern Acupuncture’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the entrant. Entries should not contain any third-party materials, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. Modern Acupuncture may blur or black out the infringing material, in their sole discretion. Entrants and winner acknowledge and agree that their entries and footage (as described below) become the property of the Modern Acupuncture, which thereby has the right to edit, adapt, modify, reproduce, promote and otherwise use entries in any way it sees fit. Instagram is not affiliated with this Promotion in any way and is not responsible for the administration of the Promotion or the awarding of the prize. No endorsement or approval of Promotion by Instagram is expressed or implied. Automated, script, macro or robotic entries submitted by individuals will be disqualified. Entries may be posted on Modern Acupuncture’s website, and may be posted on other non-affiliated websites, in Modern Acupuncture’s sole discretion. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.

Modern Acupuncture is not responsible for changes to the Instagram account or email address that may interfere with winner notification. Prize winner determination will be conducted by Modern Acupuncture and shall be final and conclusive. If Prize notification is returned as non-deliverable, potential winner will be disqualified, and the Prize forfeited, and Modern Acupuncture may, in its sole discretion, award the Prize to an alternate winner selected by Modern Acupuncture. Any attempt by any person to deliberately damage any web site or undermine legitimate operation of a promotion may constitute a violation of criminal and civil laws, and should such an attempt be made, Modern Acupuncture reserves the right to seek damages from and/or to prosecute any such person to the fullest extent permitted by law. Any such tampering will also result in ineligibility to win the Prize in the Promotion.

Each entrant acknowledges and agrees to comply with the Privacy Policy and Terms of Use found on www.modacu.com and www.instagram.com. By participating in this Promotion, each entrant hereby agrees to Modern Acupuncture’s collection and usage of the entrant’s personal information and acknowledges that entrant has read and accepted the above-referenced Privacy Policies and Terms of Use.