The Aquaphor® Giveaway October 2019
Official Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OFFERED ONLY TO LEGAL U.S. RESIDENTS, AGE 18 YEARS OR OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS REQUIRED.
- ELIGIBILITY: The Aquaphor® Giveaway October 2019 (“Promotion”) is open to all legal residents of the 50 United States (including the District of Columbia) who at time of entry are at least eighteen (18) years of age. Employees, officers and directors of Beiersdorf, Inc. (“Sponsor”), Sharecare, Inc. (“Sharecare”), ZoCo Productions, LLC (“ZoCo”), Sony Pictures Entertainment, Inc. (“Sony”), and their parent companies, subsidiaries, affiliates, advertising agencies, promotional suppliers (collectively, “Promotions Entities”) and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. All applicable federal, state, and local rules apply. By entering, participants warrant and represent that they agree to be bound by these Official Rules and the final decision of the Sponsor. Any individual, eligible or not, who attempts to participate with multiple, 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 Promotion or claiming a price in the Promotion in violation of these rules will be disqualified.
- TO ENTER: The Promotion begins at 12:00 PM Eastern Time (“ET”) on October 22, 2019 and is open until 11:59 PM ET on October 22, 2019, or while supplies last (“Promotion Period”). To enter, participant must go to https://www.doctoroz.com/page/aquaphor-giveaway-october-2019 and follow the steps to complete and submit the Promotion entry form as directed. Limit one (1) entry per household/person/email address during the Promotion Period. A purchase will not increase your chances of winning. Void where prohibited by law. Entrants must have or create a valid e-mail address and access to the Internet.
- WINNERS SELECTION: Sponsor will identify the first five thousand (5,000) participants who complete the online entry form during the Promotion Period. Potential winners 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.
- PRIZES: Each winner will receive one (1) coupon redeemable for either one (1) free Aquaphor® Lip product, OR one (1) Aquaphor® Body product (“Prize”). The Administrator reserves the right to substitute a prize of equal value in the event of circumstances beyond its 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 Administrator. The Administrator reserves the right to substitute prize of equal or greater value. Each Prize has an Approximate Retail Value ("ARV") of $19.99. Total ARV of all Prizes is $99,950. Limit one (1) Prize per person/per household/email address. Winners will receive their prize notification and Prize within 6-8 weeks after the end of the Promotion. Prizes will be mailed directly to winners. 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.
- PRIZE CONDITIONS: Winner(s) will be notified by email, phone, postal mail and/or express mail at Sponsor's sole discretion. Inability to contact a winner, failure by winner to reply to the winners’ notice by the date specified by sponsor, or the return of any prize notification as undeliverable will result in the prize being forfeited or an alternate winner will be selected from the remaining eligible entries by random drawing. Prize winner may be required to complete an affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within time period specified in notification letter or an alternate winner may be selected. If prize winner is 18 or older, as is required for entry, but not of the age of majority in state of residence, prize will either be awarded in the name of parent or legal guardian, or parent or legal guardian must ratify and sign any and all documents required of winner. Winner's parent/legal guardian if winner is not the legal age of majority at the time of entry, must complete and return a notarized liability/publicity release prior to issuance of a prize. No prize transfer or cash redemption. No prize substitution, in whole or in part, except by Sponsor due to prize unavailability or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded.
- TAXES: Taxes on prize and all expenses related to acceptance and use of prize are the sole responsibility of winner.
- PARTICIPATION CONDITIONS:
(A) By participating, entrants agree: (a) to be bound by these rules and the decisions of Sponsor, which shall be final in all respects relating to this Promotion; (b) to release, discharge and hold harmless Promotion Entities from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Promotion or their acceptance, use or misuse of prize including, without limitation, personal injury, death and property damage; and if a winner, (c) to permit Sponsor to use his or her name, photograph, likeness, statements, biographical information, voice, voice likeness and city and state address for advertising, publicity and promotional purposes in all media, including but not limited to on air and on its websites in perpetuity, without compensation (unless prohibited by law) and agree to execute specific consent to such use upon request.
(B) Entries that are incomplete, mutilated, altered, reproduced, forged, counterfeited, or irregular in any way, are automatically void. The Promotion Entities 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 Promotion, including without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes, or in any Promotion 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 Promotion.
(C) Entrants may also be disqualified if Sponsor learns that the entrant disparages the Sponsor during or after the Promotion 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 Promotion Period.
(D) The Sponsor fully reserves the right in its sole discretion to cancel, suspend, terminate or modify the Promotion if the Promotion 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 Promotion. The Promotion 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.
(E) No correspondence will be entered into except with potential winners.
(F) By entering the Promotion 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 Promotion, Including without limitation contacting entrants in the respect of the Promotion 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
- INDEMNITY: Sponsor, its promotional partners, their respective affiliates, subsidiaries, advertising and promotion agencies, agents and representatives, and the officers, directors and employees of each are not responsible for and shall not be liable for: (i) any human error which may occur in the processing of entries; (ii) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, or server malfunction which may occur in the processing of entries; (iii) failed, incomplete, garbled or delayed computer transmissions; (iv) late, lost, misdirected, stolen, illegible or incomplete entries or postage-due mail; or (v) any condition caused by events beyond the control of the Sponsor that may cause the promotion to be disrupted or corrupted.
- OTHER ERRORS: Sponsor reserves the right to cancel, modify or suspend the Promotion or any portion thereof should virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the promotion. Sponsor may proceed in a manner deemed fair and equitable by Sponsor in its sole discretion. Entry information becomes property of Sponsor. Internet entry must be made by the entrant only at the authorized website address of the Promotion. Entries may not be made by any other individual or any entity, and/or originating at any other Internet website or e-mail address, including but not limited to commercial promotion subscription notification and/or entering service sites. Any winner who enters by any of the methods described above will be disqualified and an alternate winner will be selected. Use of any device to automate entry is prohibited. Sponsor reserves the right in its sole discretion to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.
- GOVERNING LAW AND VENUE: ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF THE SPONSOR AS LISTED IN THESE OFFICIAL RULES; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION BUT IN NO EVENT WILL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES; AND (3) 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 ARE HEREBY WAIVED. 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 participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Connecticut as listed in these Official Rules, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut as listed in these Official Rules or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut as listed in these Official Rules. This Promotion is governed by the laws of the State of Connecticut as listed in these Official Rules, with jurisdiction and venue in County of State of Connecticut as listed in these Official Rules and all claims must be resolved in the courts of County of State of Connecticut as listed in these Official Rules.
- DATA PRIVACY: Personal information collected from participants during the Promotion is subject to Sponsor's privacy statement available at https://www.aquaphorus.com/privacy/ and except as otherwise provided in these Official Rules, will be treated in accordance with the terms of that statement. Information collected from entrants in connection with this Promotion will be used by Sponsor for administration of the Promotion, the fulfillment and verification of prize awards, and for marketing purposes in accordance with entrant preferences as submitted in the Promotion entry form, if applicable. Sponsor may engage certain third-party companies to perform services in connection with the administration of this Promotion and information provided by entrants may be collected and used by those third parties for purposes of administration of the Promotion and the fulfillment and verification of prize awards.
- WINNER LIST: To view the list of winners, please visit http://www.doctoroz.com/Dr_Oz_Winners_List.
- SPONSOR: Beiersdorf, Inc., 45 Danbury Road, Wilton CT 06897.
Abbreviated Rules: NO PURCHASE NECESSARY. Internet access required. Promotion open until 11:59 PM ET on October 22, 2019 or while supplies last. Open to all legal residents of the 50 United States (including the District of Columbia). Must be at least 18 years of age to enter. Void where prohibited. Total ARV of all prizes is $99,950. See Official Rules at https://www.doctoroz.com/page/aquaphor-giveaway-october-2019-official-rules. SPONSOR: Beiersdorf, Inc., 45 Danbury Road, Wilton CT 06897