Aquaphor Spray & Share Sweepstakes – Official Terms and Conditions
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1) General. The Aquaphor Spray & Share Sweepstakes promotion (the “Sweepstakes”) will begin October 25th, 2017 at 12:00am and end on December 13th, 2017 at 11:59pm (the “Sweepstakes Period”). Before entering the Sweepstakes, each entrant must review and be bound by the Sweepstakes Terms and Conditions as set out below. By entering the Sweepstakes, entrants accept and agree to be bound by the Sweepstakes Terms and Conditions (the “Terms and Conditions”), and accept the decision of the Sponsor as final and binding in all respects.
2) Sponsor. The Sweepstakes is sponsored by Beiersdorf, Inc. (the “Sponsor”), located at 45 Danbury Road, Wilton, CT 06897, and is no way sponsored, endorsed, or administered by, or associated with Instagram or Facebook. All communications with respect to the Sweepstakes, including requests to be removed from future Sweepstakes mailings, should be direct to the Sponsor at the foregoing address.
3) Eligibility. The Sweepstakes is open to legal residents of the United States of America aged eighteen (18) years and older, excluding employees of Beiersdorf, Inc. and their agents, immediate family members, representatives of suppliers providing prizes or materials or services in connection with this Sweepstakes, anyone connected with the promotion, and anyone who resides with any of the aforementioned individuals. The Sweepstakes is void where prohibited or restricted by law. Participants must have a valid Facebook or Instagram account. Limit one (1) Entry per person per e-mail address. Any individual, eligible or not, who attempts to participate with multiple Instagram accounts, Facebook accounts, e-mail addresses, under multiple identities, or uses any device or artifice to enter more than once may automatically be disqualified. Anyone participating in the Sweepstakes or claiming a price in the Sweepstakes in violation of these rules will be disqualified.
4) How to Enter. No purchase necessary. A purchase will not increase your chances of winning. Void where prohibited by law. Entrants must create an Instagram or Facebook profile (free), have a valid e-mail address, and access to the Internet. To enter, tag your photo or comment submission with “#AquaphorEntry”, post it to either Instagram or Facebook during the Sweepstakes Period, and follow Aquaphor on Facebook and Instagram (“Entry”). Entrants must abide by the following Content Restrictions.
- The Entry must be in English;
- The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Entry must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Sweepstakes;
- The Entry must not feature brand names or trademarks other than the Aquaphor mark, which entrant has a limited license to use to incorporate into his/her Entry for this Sweepstakes;
- The Entry must not contain text not created by entrant;
- The Entry must not contain text that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Entry must not contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created; and
- Sponsor reserves the right to disqualify entrants or Entries for not meeting any of the requirements outlined above or for any other reason, in Sponsor’s sole discretion.
5) Selection of Winners. The winners will be selected weekly in a random drawing through December 6th, 2017. All entries must be received prior to 11:59 PM EST on December 6th, 2017. There will be fifty (50) winners selected: seven (7) winners a week for seven (7) weeks, with one (1) winner selected out of the forty-nine (49) to win the Grand Prize. Any person submitting more than one Entry may be disqualified. The winner may be required to prove he or she is the qualified winner by presenting identification acceptable to the Sponsor (e.g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a winner cannot prove he or she is the qualified winner, the prize may not be awarded. If a winner declines the prize, another winner may be selected from the eligible entries received. Odds of winning depend on the number of eligible entries received.
6) Prize/Valuation of Prizes. The winners will receive: a $75.00 reward card. Out of the forty-nine (49) randomly selected winners, one (1) winner will be randomly selected as the Grand Prize winner of a $1,000.00 Visa reward card. The Sponsor reserves the right to substitute a prize of equal value in the event of circumstances beyond their control. Notwithstanding anything in the Terms and Conditions, cash substitutions for prizes are not allowed and prizes are non-refundable and non-transferable except at the sole discretion of the Sponsor. The Sponsor reserves the right to substitute prize of equal or greater value. The approximate retail value (“ARV”) of each individual prize will not exceed $75.00, except for the Grand Prize valued at $1000.00. Prizes are awarded “AS IS” with no warranty or guaranty, either express or implied, by Sponsor. Winner is responsible for all applicable federal, state, local, and other tax liabilities, including, but not limited to, sales and use taxes, excise taxes, income and withholding taxes, customs, duties, fees, and like amounts in connection with a prize. The Sponsor is not responsible for any such taxes or expenses. A form 1099 may be submitted to all appropriate taxing authorities. The total ARV of the Sweepstakes is $4,675.00.
7) Contacting Winners. Winners will be contacted via the platform in which they entered and will be required to confirm their address details by direct message within 48 hours of being notified. The Sponsor reserves the right to choose a new winner should we not receive the address requested from them within 48 hours of announcing the winner. The prize delivery arrangements will be conducted via Direct Message on the platform in which the Entrant entered. Winners will receive their prize within 30 days of the conclusion of the sweepstakes.
8) Winners List. For the names of the winners, you may send a self-addressed, stamped envelope before December 20th, 2017 to the Sponsor, ATTN: Consumer Relations, 45 Danbury Road, Wilton, CT 06897, for a list of winners.
9) Release. By entering the Sweepstakes, the winner agrees: (a) to abide by these Terms and Conditions and the decisions of the Sponsor, which shall be final and binding in all respects; (b) to release and hold harmless Instagram, Facebook, the Sponsor, its subsidiaries and affiliates of the Sponsor and the franchisees and affiliated merchants of each of the foregoing, all prize suppliers, all agents or representatives of the foregoing, including without limitation their advertising and promotional agencies, and each of their respective officers, attorneys, directors and employees, (collectively the “Released Parties”) from any and all claims, liability, loss, or damage whatsoever, arising with respect to the Sweepstakes or the awarding, receipt, possession and/or use or misuse of any of the Sweepstakes prizes and further acknowledges that none of the foregoing persons have made nor a responsible or liable for any warranty, representation or guarantee a particular purpose thereof. Prizes awarded may carry their own product warranty, for which the Released Parties, have no responsibility of liability.
10) Consent to Use Likeness, Voice, and Address. In the event the submission contains the image, voice, likeness of any other individual, the entrant acknowledges and agrees that he/she has the consent and permission of the other individual(s) to use the submission in the Sweepstakes. Each entrant consents to the use of his or her name, including image, voice, statement, opinion, likeness, city and state of residence and/or photographs without compensation in any publicity or advertising carried out in any medium worldwide by the Sponsor and/or its advertising or promotional agencies without limitation or further modification and without providing compensation or intellectual property rights to the entrant, except where prohibited. The winners may be required to take part in publicity. Once tagged with #AquaphorEntry” all entries and the rights to publish, edit and/or distribute become the property of the Sponsor. The Sponsor may utilize the entrant’s social media profile, status updates, photographs and/or likeness (the “Profile”) for promotion purposes, advertising and other promotional tools in perpetuity without compensation of any kind to entrant. The entrant will not have any ownership or right to any of the intellectual property Sponsor creates using the entrant’s Profile.
11) General Conditions.
a) Entries that are incomplete, mutilated, altered, reproduced, forged, counterfeited, or irregular in any way, are automatically void. The Released parties are not responsible for the following:(a) lost, late, delayed, illegible, inaudible, stolen, damaged, altered, destroyed, mutilated, misdirected, illegal, incomplete or postage due rule request, entries of prize claims; (b) lost, interrupted or available network, server, Internet Service Provider (ISP), website or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, or computer hardware, or software typographical, mechanical, telephonic, electronic or network relating to or in connection with this Sweepstakes, including without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes related materials; or any incorrect or inaccurate information, whether caused by site users, tampering, hacking or by any equipment or programming associated with or utilized in the Sweepstakes.
b) Entrants may also be disqualified if Sponsor learns that the entrant disparages the Sponsor during or after the Sweepstakes Period. Entrants should be aware that Sponsor retains the right to take legal action against entrants who commit libel or slander against Sponsor during or after the Sweepstakes Period.
c) The Sponsor fully reserves the right in its sole discretion to cancel, suspend, terminate or modify the Sweepstakes if the Sweepstakes is not capable of being completed as planned, including infection of computer viruses or bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort beyond the reasonable control of the Sponsor, which corrupts or impairs the administration, security, fairness, or proper play of this Sweepstakes. The Sponsor is not responsible for printing errors in the Sweepstakes materials or these Terms and Conditions. If, due to a production or printing error or other unforeseen error, there are more winners than prizes for any level, the Sponsor reserves the right to award any remaining prizes for that level through a random drawing of all eligible winners. No more than the number of prizes listed herein will be awarded.
d) No correspondence will be entered into except with potential winners.
e) By entering the Sweepstakes and voluntarily providing personal information as described in these Terms and Conditions, the entrant agrees to the collection and use of the entrants personal information by the Sponsor and its representatives, promotional agencies and marketing organization for the purpose of administering the Sweepstakes, Including without limitation contacting entrants in the respect of the Sweepstakes and disclosing the list of winners. The entrant’s personal information may be used for future promotions and marketing of the Sponsor, its affiliates, representatives, and promotional agencies, but will not be used for any other purpose, nor will it otherwise be disclosed to third parties, unless otherwise required by law. The entrant may choose to be excluded from all lists under the Sponsor for any future promotions and marketing by the Sponsor, by sending a letter requesting removal from such lists to the Sponsor at 45 Danbury Road, Wilton CT 06897, ATTN: Consumer Relations
f) This Sweepstakes and the Terms and Conditions contained herein shall be exclusively governed and construed in accordance with the laws of the State of Connecticut and the Federal Laws of the United States of America applicable therein. Any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by final and binding adjudication administered in a court of competent jurisdiction in the State of Connecticut.
g) This Sweepstakes is subject all applicable Federal, State, and local laws and regulations. Void where prohibited or restricted bylaw.
h) If any one or more provisions of these rules are held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, effect, or enforcement of any other provision or provision of these rules.
i) If any entrant does not agree to any of the Terms and Conditions set forth herein, then they are ineligible to participate in the Sweepstakes.
j) Sponsor reserves the right to modify, change, or alter these Terms and Conditions at any time without notice to Entrants.