THE MEDERMA® AND NEOCUTIS® ‘TIS THE SEASON TO GLOW INSTANT WIN
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PROMOTION ENTRY PERIOD: The Mederma® and Neocutis® ‘Tis The Season To Glow Instant Win (the “Promotion”) begins at 12:00:01 AM Eastern Time (“ET”) on Monday, November 19, 2018, and ends at 11:59:59 PM ET on Monday, December 17, 2018 (the “Promotion Period”).
ENTRY: NO PURCHASE NECESSARY. The Promotion has two components: An Instant Win Game (the “Instant Win Game”), and a Random Draw Grand Prize Sweepstakes (the “Grand Prize Sweepstakes”). To enter both the Instant Win Game and the Grand Prize Sweepstakes, during the Promotion Period, visit www.medermasweeps.com (the “Promotion Site”), follow all instructions to complete the registration form in its entirety (including, without limitation, providing your name, email address, and mailing address), and submit the form. PO Boxes are not permitted for purposes of filling out the registration form. By filling out the registration form in its entirety and submitting it pursuant to the instructions on the Promotion Site you will receive one (1) entry into the Grand Prize Sweepstakes and one (1) Instant Win Game play. Each day thereafter, for the remainder of the Promotion Period, you will be able to return to the Promotion Site, complete the registration form in its entirety (including, without limitation, providing your name, email address, mailing address, and other required information) or click on the “Already Registered?” link to provide your email address, and submit the form to receive one (1) additional entry into the Grand Prize Sweepstakes and one (1) additional Instant Win Game play. Limit: One (1) Grand Prize Sweepstakes entry and one (1) Instant Win Game play per person per day. Any additional entries, excluding the Bonus Entries described below, and/or plays will be void and ineligible. For the purposes of this Promotion, a “day” is defined as the twenty-four (24) hour time period commencing at 12:01 AM ET, and ending at 11:59 PM ET. Although the Sponsor and/or Administrator may receive a participant’s subsequent attempts to enter on a given day, only the first complete Grand Prize Sweepstakes entry and/or Instant Win Game Play received from a particular participant on that day will be eligible; subsequent attempts by the same person to enter/play during that same day (excluding Bonus Entries as described below), including entries/plays submitted with an alternate email address, will be disqualified. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
After submitting an entry, entrants will have the opportunity to refer the Promotion to friends by publishing a tweet from his/her Twitter account or pin to his/her Pinterest account (each, a “Promotion Share”). For every new individual that enters the Promotion by clicking through the shared link within the Promotion Share and completing and submitting the registration form, the referring entrant will receive one (1) bonus entry into the Grand Prize Sweepstakes (each, a “Bonus Entry”). For each Bonus Entry received, the referrer will receive one (1) entry into the Grand Prize Sweepstakes drawing. There is no limit to the number of Bonus Entries an entrant may receive. Entrants who choose to share a Promotion Share are subject to all notices posted on Twitter and Pinterest, including, but not limited to, their respective Privacy Policies. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc. or Pinterest.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Instant Win Prizes: Twenty (20) Instant Win prizes (“Instant Win Prizes”) will be available to be won. Each Instant Win Prize winner will receive a prize package to include:
- One (1) $25 Amazon.com Gift Card
- Choice of one (1) of the following Neocutis® Products:
- Lumiere Biorestoritive Eye Cream (15ml)
- Journee Day Cream with Sun Screen (15ml)
- ReActive + Antioxident Serum SPF 45 (30ml)
- Choice of one (1) of the following Mederma® Products:
- Mederma® AG Hand & Body Lotion (6oz)
- Mederma® AG Toner (6oz)
- Mederma® AG Body Cleanser (8oz)
- Mederma® AG Facial Cleanser (6oz)
- Mederma® AG Face Cream (2oz)
- Mederma® Quick Dry Oil (150ml)
The ARV of each Instant Win Prize is: $124.45 minimum / $178.65 maximum. Total ARV of all Instant Win Prizes available to be won is: $2,489.00 minimum / $3,573.00 maximum. Limit: one (1) Instant Win Prize per person. Odds of winning an Instant Win Prize are dependent on the random winning time selected for each Instant Win Prize available to be won, the number of participants in the Promotion, and the time and order any participant’s entry is submitted and recorded. The number of Instant Win Prizes available will diminish as they are awarded.
Grand Prize: One (1) Grand Prize winner will receive a Grand Prize package consisting of the following:
- One (1) $500 Amazon.com Gift Card;
- One (1) Lumiere Biorestoritive Eye Cream (15ml);
- One (1) Journee Day Cream with Sun Screen (30ml);
- One (1) ReActive + Antioxident Serum SPF 45 (30ml);
- One (1) Mederma® AG Hand & Body Lotion (6oz);
- One (1) Mederma® AG Toner (6oz);
- One (1) Mederma® AG Body Cleanser (8oz);
- One (1) Mederma® AG Facial Cleanser (6oz);
- One (1) Mederma® AG Face Cream (2oz); and
- One (1) Mederma® Quick Dry Oil (150ml).
The total ARV of the Grand Prize is: $928.84. Odds of winning the Grand Prize will depend on the total number of eligible Grand Prize Sweepstakes entries and Bonus Entries received during the Promotion Period.
The total MAXIMUM ARV of all prizes available to be won in connection with this Promotion: $4,501.84.
INSTANT WIN GAME PRIZE SELECTION & NOTIFICATION: Instant Win Game Prizes will be awarded throughout the Promotion Period, pursuant to the process set forth herein. At the time a participant submits his/her registration form and each time that same participant provides his/her registration form to receive additional Instant Win plays (subject to the requirements set forth above), if such participant is the first eligible participant to receive a play in connection with the Instant Win Game at or after a computer-generated, randomly selected winning time, that participant will receive an on-screen notification alerting them that they are a potential winner of an Instant Win Game Prize. Non-winning entrants will also be notified on screen.
If a participant is eligible to win an Instant Win Game Prize, he/she will see a “Congratulations” message on-screen and will be instructed to select one (1) Neocutis Product and one (1) Mederma Product. To claim the Instant Win Prize, potential Instant Win Prize winner must select one (1) Neocutis Product and one (1) Mederma Product to be included in his/her Instant Win Prize and click on the “Submit” button (the “Prize Claim”). Non-compliance will result in disqualification.
Potential Instant Win Prize winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements in these Official Rules. All winning Prize Claims are subject to verification by the Administrator and/or Sponsor, whose decisions are binding. Even if the Instant Win Game shows that you are a winner, you are not a winner until your eligibility, the potential winning Instant Win Game play and Prize Claim have been verified. Once verified, Instant Win Prizes will be mailed to the Instant Winner’s mailing address provided on the registration form within 45 days after the Promotion has ended. In the event that a potential Instant Win Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate Instant Win Prize winner selected by a random drawing from among all remaining eligible entries. Only one (1) alternate drawing will be held, after which any remaining Instant Win Prizes will remain un-awarded.
ALL POTENTIAL INSTANT WIN PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PARTICIPANT IS NOT A WINNER OF ANY INSTANT WIN PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED.
GRAND PRIZE RANDOM DRAWING & NOTIFICATION: On or about Wednesday, December 19, 2018, the Administrator will select one (1) potential Grand Prize winner in a random drawing from among all eligible Grand Prize Sweepstakes entries and Bonus Entries received during the Promotion Period. The Grand Prize winner will be notified via email on or about Wednesday, December 19, 2018, using the email address provided at the time of entry, and will be required to sign and return, within seven (7) days of email notification by the Administrator, an Affidavit of Eligibility & Liability Waiver, and where allowable, a Publicity Release (collectively, "the Releases"). If a potential Grand Prize winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the Grand Prize will be awarded in the name of the potential Grand Prize winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf. If the notification is returned as undeliverable, or if a potential Grand Prize winner cannot be contacted in person via email after the first attempt to contact him/her, or if the selected winner cannot accept or receive the prize for any reason, or in the event that a potential Grand Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate Grand Prize winner selected by a random drawing from among all remaining eligible Grand Prize Sweepstakes entries. Only three (3) alternate drawings will be held, after which any remaining prize will remain un-awarded.
POTENTIAL GRAND PRIZE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PARTICIPANT IS NOT A WINNER OF ANY GRAND PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Grand Prize will be sent to Grand Prize winner’s address provided on the Releases within 45 days after the Grand Prize winner is confirmed.
PRIZE CONDITIONS: Limit one (1) Instant Win Prize per person. Prizes are not redeemable for cash. All prizes are non-assignable or transferable. No substitution is permitted except if any prize is unavailable, in which case a prize of equal or greater value will be awarded. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Only the number of prizes stated in these Official Rules is available to be won in the Promotion. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, winners will be determined in a random drawing from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
Amazon.com Gift Cards are not redeemable for cash and will not be replaced if lost or stolen. Amazon.com Gift Cards are subject to Amazon.com Gift Card terms and conditions, which can be found at amazon.com/gc-legal. Restrictions apply. Amazon.com is not a sponsor of this promotion. Except as required by law, Amazon.com Gift Card ("GC") cannot be transferred for value or redeemed for cash. GC may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GC is issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®, TM & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees
Winners are responsible for all federal, state, local and income taxes and any fees and expenses related to acceptance and use of a prize not specifically stated herein.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Winners acknowledge that the Promotion Entities do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of any prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
GENERAL: This Promotion is governed by the laws of the United States. Participants agree to these Official Rules and the decisions of the Administrator and the Sponsor, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Promotion Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize. Registration forms, materials, and data relating to this Promotion that have been tampered with or altered, or mass entries/plays or entries/plays generated by a script, macro or use of automated devices are void. Promotion Entities not responsible for: (i) lost, late, misdirected, damaged or illegible entries/plays; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive registration information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to participant’s or any other person's computer related to or resulting from participating in the Promotion. Proof of sending or submission of registration form will not be deemed proof of receipt by Sponsor and/or Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these Official Rules, attempted to tamper with or undermine the registration process, Promotion Site, and/or the legitimate operation of this Promotion, or has acted in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries/plays and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prizes at random from among the eligible, non-suspect entries/plays received up to the time of the impairment. Sponsor is not responsible for incompatibility of participant’s hardware, software or browser technology with Sponsor’s hardware, software or browser technology.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Wake County, North Carolina and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Raleigh, North Carolina. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Raleigh, North Carolina. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, PARTICIPANT AGREES THAT SPONSOR, ADMINISTRATOR, FACEBOOK, TWITTER, INC., PINTEREST AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, PLAY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNERS’ GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLDWIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.medermasweeps.com or send a self-addressed, stamped envelope by December 19, 2018 to: The Mederma and Neocutis Tis the Season Instant Win Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION: For a written confirmation of the winners (available after December 19, 2018) send a stamped, self-addressed envelope (no later than 1/19/19), to: The Mederma and Neocutis Tis the Season Instant Win Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Merz North America, Inc., 6501 Six Forks Road, Raleigh, NC 27615.
ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044.
Void in Puerto Rico, Guam, U.S. Virgin Islands, outside the United States and wherever else prohibited by law.
Copyright © 2018 Merz North America, Inc. Mederma® is a registered trademark of Merz North America, Inc. Neocutis® is a registered trademark of Anteis SA. All other trademarks or logos listed herein are trademarks of their respective companies in the United States and other countries. All rights reserved.