Dramamine® #KeepItMoving Boomerang Contest
OFFICIAL RULES AND CONDITIONS OF ENTRY
NO PURCHASE OR ENTRY FEE REQUIRED TO ENTER, PARTICIPATE, OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK®1, INSTAGRAM®2, OR ANY OTHER SOCIAL MEDIA SITE. BY ENTERING THE CONTEST, YOU AGREE TO RELEASE FACEBOOK, INSTAGRAM, AND ANY OTHER SOCIAL MEDIA SITE USED IN CONNECTION WITH THE CONTEST FROM ANY POTENTIAL LIABILITY IN CONNECTION WITH YOUR ENTRY AND PARTICIPATION IN THE CONTEST.
1. Description: The Dramamine® #KeepItMoving Boomerang Contest powered by Dramamine® (the "Contest") is a contest where entrants may participate by publishing a post to their own social media pages, including Facebook or Instagram, with an original Boomerang video asset depicting how they would #KeepItMoving with Dramamine® Non-Drowsy Naturals. Entrants (each entrant is referred to in these Official Rules as an "Entrant") must include the Contest hashtag #KeepItMoving, and at-mention Dramamine® with the appropriate handle (Facebook: @Dramamine, Instagram: @DramamineOfficial), in the caption of their post to be qualified. Entries must be submitted during the submission period for the Contest, which will begin at 9:00 a.m. Eastern Time ("ET") on November 19, 2018 and will end at 11:59 p.m. ET on February 1, 2019 (the "Contest Submission Period"). Only one entry per person will be considered during the Contest Submission Period. The winners of the Contest will each win the prize described in Section 9.
2. SPONSOR & ADMINISTRATOR: Prestige Consumer Healthcare, Inc., 660 White Plains Road, Suite 250, Tarrytown, NY 10591 is the Sponsor and the Administrator of the Contest (the "Sponsor" and the "Administrator").
3. ELIGIBILITY: The Contest is open only to legal residents of the fifty United States and the District of Columbia who are at least 18 years of age or older as of the date of entry (except residents of AL and NE must be at least 19 years old as of the date of entry). Employees, officers, directors, agents, representatives and their immediate families (spouses and siblings, parents and children and their spouses) and household members (whether related or not) of Sponsor/Administrator or any of their respective parent companies, subsidiaries, distributors, affiliates, vendors, service agencies and companies involved in the design, implementation and execution of the Contest (the "Contest Entities") are not eligible to participate in the Contest. The Contest is subject to applicable federal, state and local laws and regulations and is void wherever prohibited or restricted by law.
4. AGREEMENT TO OFFICIAL RULES: By entering the Contest, you fully and unconditionally agree to be bound by and accept the terms of these Official Rules and Conditions of Entry (the "Official Rules") and the decisions of Sponsor and Administrator (including with respect to the selection of winners and the interpretation of these Official Rules), which are final and binding in all matters related to the Contest. Eligibility to win a prize is contingent upon fulfilling all of the requirements set forth herein. Sponsor reserves the right to modify, suspend, extend or cancel the Contest (with or without notice) at any time in Sponsor's sole discretion and may, but is not required to, substitute another contest in its place. Sponsor further reserves the right to amend or change these Official Rules at any time, in Sponsor's sole discretion.
5. TIMING: You may participate in the Contest by publishing a post that adheres to the elements described in Section 1 and 6 of these Official Rules during the Contest Submission Period. The prize winners (each, a "Winner") will be selected by Sponsor as described in Section 8 below on or about February 5, 2019 and will be announced on or about February 20, 2019.
6. HOW TO ENTER: Share a post to your own social media page, including Facebook or Instagram, with an original Boomerang video asset depicting how you would #KeepItMoving with Dramamine® Non-Drowsy Naturals. The post must include Contest hashtag #KeepItMoving and at-mention Dramamine® with appropriate handle (Facebook: @Dramamine, Instagram: @DramamineOfficial) in the caption to be qualified. The Entrant's preferred social media account must be public in order for his/her entry to be valid. All Entries must be received between 9:00 a.m. ET on November 19, 2018 and 11:59 p.m. ET on February 1, 2019 to be eligible. Only one entry per person will be considered during the Contest Submission Period. The Sponsor, in its sole discretion, may remove your Entry and disqualify you from the Contest if Sponsor believes, in its sole and absolute discretion, that your Entry fails to conform to these Official Rules or it determines the Entry to be inappropriate for any other reason. Sponsor is not responsible for any changes or effects caused to any Entrant's computer system or equipment as a result of submitting an Entry or participating in the Contest. Sponsor reserves the right to disqualify any Entry at any time in the event that Sponsor determines, in its sole and absolute discretion, that the Entry is offensive, inappropriate, not in keeping with Sponsor's or any Contest Entity's image or that an Entrant has not otherwise complied with these Official Rules. Further, Sponsor reserves the right to conduct a background check on all Winners, and to disqualify any Winner that Sponsor determines, in its sole discretion, would be damaging to Sponsor or its brands if that Winner were selected as a public representative. It shall be each Winner's responsibility to provide any personal information to Sponsor that Sponsor may deem necessary to conduct such background check of Winner.
7. REPRESENTATIONS AND WARRANTIES: By submitting an Entry, each Entrant represents and warrants as follows: (i) Entrant has the full and exclusive right, power and authority to submit the Entry and to grant Sponsor, Administrator, and the Contest Entities the right to present the Entry to the public without further compensation; (ii) the Entry is the Entrant's original work and does not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or that requires a license from any third party; (iii) Entrant has the express written consent of any identifiable persons appearing or referenced in the Entry to use of their name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, and any other indicia or imitation of identity or likeness being used in the ways set out in these Official Rules, including Sponsor's right to use the Entry for any future commercial purpose without restrictions; (iv) no rights in the Entry have been previously granted to any other person, firm, corporation or entity; (v) the Entry does not contain any computer viruses and is otherwise uncorrupted; (vi) the Entry is appropriate for public viewing and is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, inappropriate or objectionable, nor does the Entry disparage or cast a negative light on any person, entity, or brand, product, or service; and (vii) the Entry does not and will not violate these Official Rules or any applicable federal, state or local laws or regulations. Entrant herby agrees to indemnify Sponsor, Administrator, the Contest Entities, and any licensee of Sponsor against all claims, damages, liabilities and expenses (including attorneys' fees and legal expenses) arising out of any breach or alleged breach of these representations and warranties.
8. WINNER DETERMINATION: The Sponsor will select five (5) potential Winners out of all eligible Entries received in a random drawing. Sponsor will notify each Winner by email, Comment and/or Direct Message via social media on or about February 5, 2019 that he or she has been selected as a Winner. Sponsor/Administrator reserves the right to feature the Winners' names on the Contest Prize announcement on the Dramamine® social media pages ("Facebook", "Instagram"). Three attempts will be made to contact each Winner within one (1) week after the end of the Contest Submission Period. If any Winner fails to respond within the one (1) week period, it will result in his or her disqualification and the Sponsor may, but is not required to, select an alternate Winner from the remaining eligible Entrants. Sponsor/Administrator and the Contest Entities are not responsible for Winner notifications that are misdirected or not received.
9. PRIZES: Each Winner will receive one (1) travel package with the approximate retail value ("ARV") of $200. Five (5) potential winners will be selected. The total ARV for all prizes is $1000. Prizes are non-assignable and non-transferrable and may not be redeemed or exchanged for cash. A prize may not be transferred and must be accepted as awarded. A Winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined by Sponsor, in its sole discretion. Each Prize Winner is responsible for all federal, state and local taxes, if any, and any other incidental expense incurred in connection with the Contest or any Prize. Any prize details not specified above will be determined by Sponsor, in its sole discretion.
10. RIGHT OF PUBLICITY: By entering the Contest, Entrants and all prize Winners consent to the use of their respective names, cities, states, likenesses, voices, biographical information, Entries, prize information and images for purposes of advertising, marketing and promoting Sponsor and Sponsor's brands and products without compensation or further consent, except where prohibited by law.
11. ENTRANT'S PERSONAL INFORMATION: Information collected online from Entrants is subject to Sponsor's privacy policy, located at https://www.dramamine.com/privacy-policy . By entering the Contest, you agree to the use of your personal information as described in Sponsor/Administrator's privacy policy and Section 10 above.
12. RELEASE OF LIABILITY: Entrants and Winners agree that the Sponsor/Administrator, the Contest Entities, Facebook, Inc., and Instagram, LLC., together with their respective officers, directors, employees, representatives, agents, successors and assigns, shall not be held responsible and shall have no liability for any claims, costs, injuries, losses or damages of any kind, including as a result of Sponsor's/Administrator's, any Contest Entity's negligence, resulting from their participation in the Contest, including but not limited to, any injury or damage to person or property related to or resulting from participating or competing in the Contest, attending events related to any prize, or the acceptance, possession, use or misuse of any prize. Sponsor/Administrator and the Contest Entities are not responsible for any typographical or other error in the printing of this offer, administration of the Contest, announcement of Winner, or technical failures of any kind.
13. GENERAL CONDITIONS: If for any reason the online portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Sponsor/Administrator, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor/Administrator reserves the right to cancel, terminate, modify, extend or suspend the Contest at any time and select the Winners from among all eligible non- suspect Entries received as of the date on which any such action is taken or as deemed fair, appropriate and consistent with these Official Rules by Sponsor. If the Contest is terminated due to tampering or technical difficulties prior to the end of the Contest Submission Period, as the case may be, notice will be posted on the Dramamine Facebook page at https://www.facebook.com/DramamineOfficial/. In addition, Sponsor/Administrator reserves the right to disqualify any individual who tampers with the submission process or the operation of the Contest or who is found to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor/Administrator and the Contest Entities are not responsible for technical, hardware, software or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Contest, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participating in the Contest. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR, ADMINISTRATOR AND THE CONTEST ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
14. DISPUTES: Each Entrant agrees that any and all disputes, claims and causes of action arising out of or in connection with this Contest, or any prizes awarded or the determination of prize Winners, which cannot be resolved between the parties, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, 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, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with entering the Contest), and Entrant further waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Entrants, prize Winner, Sponsor/Administrator and the Contest Entities in connection with the Contest shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause application of the laws of any jurisdiction other than the State of New York. All Entrants consent to the sole and exclusive jurisdiction and venue of the courts located within Westchester County, New York.
15. WINNER'S LIST: To obtain a copy of these Official Rules or a Winners list via mail, please mail your request, together with a self-addressed, stamped envelope, to: Dramamine® c/o Prestige Consumer Healthcare, Inc. 660 White Plains Road, Suite 250, Tarrytown, NY 10591. Requests received after June 1, 2019 will not be honored.
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