TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE “DR. OZ’S FIX MY SKIN BODY BALM” PROMOTION (“PROMOTION”) OR TO RECEIVE A THE FREE GIFT DESCRIBED BELOW (“GIFT”).
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF RECEIVING A GIFT.
THE OVERALL PROMOTION BEGINS TUESDAY, MARCH 27, 2012, AT 3:00 PM EASTERN TIME (“EST”)/12:00 PM PACIFIC TIME (“PST”) AND ENDS MONDAY, APRIL 2, 2012, AT 2:59 PM (EST) AND 11:59 AM (PST) OR WHILE SUPPLIES LAST (“PROMOTION PERIOD”). THE GIFT SHALL CONSIST OF ONE (1) FIX MY SKIN BODY BALM VALUED AT TWELVE DOLLARS ($12.00 US), INCLUDING SHIPPING AND HANDLING.
1. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR RECEIVE A GIFT. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF RECEIVING A GIFT. This Promotion is open only to legal residents of the 50 United States and the District of Columbia (“Promotion Territory”), age 18 years or older at the time of entry. The Promotion is not open to employees of ZoCo Productions, Inc. (referred to herein as “ZoCo”) or Sharecare, Inc. (both referred to herein collectively as “Sponsor”) or their respective officers, directors, agents, parents, subsidiaries, franchisees, advertising or promotion agencies, affiliated entities, or their immediate families or household members. Void outside the Promotion Territory and wherever prohibited or restricted by law. By entering the Promotion, entrants agree to accept and be bound by these Terms and Conditions.
2. HOW TO ENTER: To enter, during the Promotion Period, visit http://www.doctoroz.com and follow the steps to complete and submit the Promotion entry form for the GIFT as directed during the Promotion Period, including providing your full name, complete mailing address, daytime phone number, and e-mail address. Only the first two thousand (2000) eligible entrants (as determined by Sponsor) to enter during the Promotion Period are eligible to receive the GIFT. Your odds of receiving a GIFT depend on when you and other eligible entrants submit correctly completed Promotion entry forms. Potential recipients of the GIFT may be notified by Sponsor by the daytime phone number or e-mail address provided on their Promotion entry forms. Sponsor will ship (at Sponsor’s sole expense) the GIFT or provide a voucher to redeem the Gift at select nation-wide retail outlets. One (1) entry per person, household, e-mail address, and/or phone number.
3. GIFT: The first two thousand (2000) eligible entrants to enter the Promotion at the start of the Promotion Period will be notified by email on or before April 15, 2012. The first two thousand (2000) eligible entrants will receive the GIFT or a voucher to redeem the GIFT at select nation-wide retail outlets as determined by Sponsor. The approximate retail value of the GIFT is Twelve Dollars ($12.00 US), inclusive of shipping and handling charges. No substitution, partial acceptance, transfer or cash redemption in lieu of a GIFT is permitted, except in the sole discretion of Sponsor, which reserves the right to substitute a comparable product or service of approximately equal or comparable value in the event that the offered GIFT, or any portion thereof, becomes unavailable or impractical for any reason whatsoever. Other than the GIFT itself, each recipient is responsible for all other costs associated with obtaining the GIFT, including (if offered and applicable) any shipping and receiving charges if recipient elects a special delivery method. If applicable, each recipient of a GIFT is solely responsible for the reporting and payment of any applicable federal, state and local taxes or fees resulting from or related to acceptance or use of the GIFT, or any portion thereof. In the event that: a) fewer than two thousand (2000) eligible entrants enter during the Promotion Period; or b) fewer than two thousand (2000) eligible entrants respond to Sponsor’s notices during the applicable period; or c) fewer than two thousand (2000) GIFT recipients actually redeem the GIFT, then fewer than two thousand (2000) GIFTS shall be provided by Sponsor and the remaining GIFTS shall be retained and/or disposed of in the sole discretion of Sponsor.
4. HOW TO CLAIM GIFT: In order to claim and receive a GIFT, each potential recipient must: (i) meet all eligibility requirements, (ii) complete the online form (including producing proof of identity, shipping address, and birth date), and (iii) may be asked to complete and submit (as applicable) certain online information, including but not limited to an affidavit of eligibility, tax acknowledgment form, liability release and, except where prohibited by law, use of name and likeness releases. Potential recipients must complete these documents in full and return them during the Promotion Period or such other time as specified by Sponsor. If (i) potential recipients fail to timely return completed documents, (ii) any attempted notifications to potential recipients are returned as undeliverable, (iii) potential recipients decline the GIFT, or (iv) potential recipients are determined to be ineligible for any reason, those potential recipients will be disqualified from receiving the GIFT, and Sponsor, in its sole discretion, may select alternate potential recipients based on which potential recipients submitted their entry forms next in time during the Promotion Period. In the event that alternate potential recipients cannot be determined, the ineligible potential recipients’ GIFT may not be offered to others in the sole discretion of Sponsor.
5. POSSIBLE ISSUES WITH ADMINISTRATION OF PROMOTION: Sponsor and ZoCo are not responsible for U.S. mail, technical, hardware, telecommunications, or software failures of any kind, or other errors or problems which may occur in connection with or relating to the Promotion, whether computer, technical, telephone, mechanical, typographical, human or otherwise, including, without limitation, errors or problems that may occur in connection with: the administration of the Promotion, the processing of entries, the notifications or announcements to potential recipients, or any Promotion-related materials. Sponsor and ZoCo reserve the right, in their sole discretion, to cancel, modify, or prematurely conclude the Promotion should any malfunction, fraud, tampering, unauthorized intervention, or other cause beyond its control corrupt the administration, security, or proper operation of the Promotion. False or deceptive entries or acts in connection with the Promotion will render the entrant or potential recipient ineligible, and Sponsor reserves the right to disqualify any entrant or potential recipient who, in Sponsor’s or ZoCo’s determination, attempts to undermine the legitimate operation of the Promotion in any manner, including but not limited to: using robotic, repetitive, automatic, programmed, or similar entry methods or agents; acting in a disruptive or unsportsmanlike manner; or violating these Terms and Conditions. Any attempt to deliberately damage or undermine the legitimate operation of the Promotion may violate criminal and civil laws. Should such an attempt be made, Sponsor and ZoCo reserve the right to seek remedies and damages (including attorneys' fees) from any such person to the fullest extent of the law, including criminal prosecution.
6. GENERAL RULES AND REGULATIONS: By entering this Promotion, entrants: (i) agree to be bound by the decisions of Sponsor and ZoCo, which are final and binding in all matters, (ii) grant Sponsor and ZoCo and their designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, pictures, biographical information and likenesses, without compensation, notification or permission, for the purpose of advertising and publicity in any and all manner or media, now or hereafter known, throughout the world in perpetuity, (iii) represent and warrant that they are not participating in the Promotion in the capacity of a reporter, and (iv) further represent and warrant that they will not write, blog about, publish, or cause to be published any article or book about their participation therein.
7. LIMITATIONS OF LIABILITY: Sponsor and ZoCo expressly disclaim any responsibility for, and entrants agree to hold Sponsor and ZoCo harmless from, liability for any injury, disability, or loss to any person or property relating to participation in this Promotion (including the manner in which potential recipients of the GIFT are selected and confirmed); the delivery and/or subsequent acceptance, use, or misuse of any of the GIFT or any components thereof; or any claims based on publicity rights, defamation or invasion of privacy. Sponsor and ZoCo assume no liability for any cancellation, modification, or premature conclusion of the Promotion for any reason, or for the acts or defaults of any person or entity providing any GIFT or any component thereof. Any losses or expenses related to any of the foregoing must be borne solely by the affected entrants and recipients.
9. WINNERS LIST: For a complete list of Promotion winners (“Winners List”), mail a self-address, postage pre-paid envelope to: “Dr. Oz’s Fix My Skin Giveaway” 30 Rockefeller Plaza, 43rd Floor, New York, NY 10112 on or after May 1, 2012. The Winners List will be made available upon written request from May 1, 2012 through August 1, 2012.
10. DISPUTES: Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any GIFT shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court of Illinois or the appropriate Illinois State Court located in Illinois; and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys' fees. Any issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of entrants, potential recipients of GIFT, ZoCo and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
This Promotion is managed by ZoCo Productions LLC, 30 Rockefeller Plaza 43rd Floor, New York, NY 10112.
© 2012 ZoCo Productions LLC. All Rights Reserved.