THE “MY MEDERMA® STORY” INSTANT WIN
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
PROMOTION ENTRY PERIOD: The “My Mederma® Story” Instant Win (the “Promotion”) begins at 12:00:01 AM Eastern Time (“ET”) on Wednesday, January 10, 2018, and ends at 11:59:59 PM ET on Wednesday, February 7, 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”).
There are two (2) ways to enter both the Instant Win Game and the Grand Prize Sweepstakes.
Method #1: Online Entry. During the Promotion Period visit www.medermasweeps.com (the “Promotion Site”), follow all instructions to complete the entry form in its entirety (including, without limitation, providing your name, email address, and mailing address), and provide a short, unique “My Mederma Story” essay with a minimum of 30 words and maximum of 500 words (the “Essay”), about how Mederma® has been with you during a memorable moment and submit the form to receive one (1) entry into the Grand Prize Sweepstakes and one (1) Instant Win Game play (collectively, the “Online Entry”).
All of the terms and conditions described herein apply to the format of the Online Entry. All Online Entries must comply with the following minimum guidelines to be eligible:
- Essay cannot contain content that is irrelevant to the purpose of the Promotion.
- Once an Essay is submitted it cannot be modified or deleted by entrant.
- Essay must be original. No duplicate Essays or substantially similar Essays, as determined by the Sponsor in its sole discretion, may be submitted.
- Essay cannot be profane, pornographic, sexually explicit, or suggestive.
- Essay cannot be violent or promote firearms/weapons.
- Essay cannot promote alcohol, illegal drugs or tobacco.
- Essay cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Essay cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
- Essay cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Essay cannot communicate messages inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate.
- Essay cannot depict illegal activity and cannot itself be in violation of any law.
- Essay cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Essay may not include reference of a known celebrity, famous or well-known person or any content which violates the right of privacy or publicity of any person.
- Essay cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Online Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Essay, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Online Entry, which includes the Essay. By submitting an Online Entry and Essay, entrants (or parent/legal guardian if entrant is deemed a minor in his/her state of residence) warrant, represent and agree that: (a) it is the entrant’s original work and has been legally created; (b) it has not been previously published or distributed in any media; (c) it has not been entered in or won previous Promotions or awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (e) the entrant has obtained written permission from any person or persons who may be referenced in his/her Essay; (f) the entrant owns all rights to the Essay, including without limitation, copyrights; and (g) entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Online Entry, or entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.
Method #2: Free, Alternate Method of Entry. To enter both the Instant Win Game and the Grand Prize Sweepstakes without providing an Essay, during the Promotion Period, visit http://usscpromotions.com/mymedermastory/amoe (the “AMOE site”), follow all instructions to complete the entry form in its entirety (including, without limitation, providing your name, email address, and mailing address) and submit the form to receive one (1) entry into the Grand Prize Sweepstakes and one (1) Instant Win Game play (collectively, the “AMOE Entry”).
Online Entry and AMOE Entry collectively referred to herein as “Entry” or “Entries”. Participants must have a valid email address to enter and/or win. Limit: One (1) Entry per person per day regardless of the method of entry. All methods of entry have an equal chance of winning.
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 post to his/her Facebook page, 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 an Entry, 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 Facebook, Twitter and Pinterest, including, but not limited to, their respective Privacy Policies. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Inc. or Pinterest.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Instant Win Prizes: 225 Instant Win prizes (“Instant Win Prizes”) will be available to be won. Each Instant Win Prize winner will receive one (1) $20 Amazon.com Gift Card. The ARV of each Instant Win Prize is $20. Total ARV of all Instant Win Prizes available to be won is $4,500. 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: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive one (1) $500 Amazon.com Gift Card. The ARV of the Grand Prize is: $500. Odds of winning Grand Prize will depend on the total number of eligible Grand Prize Sweepstakes entries and Bonus Entries received during the Promotion Period.
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
The total ARV of all prizes available to be won in connection with this Promotion: $5,000.
INSTANT WIN GAME PRIZE SELECTION & NOTIFICATION: Instant Win Game Prizes will be awarded throughout the Promotion Period, pursuant to the process set forth herein. 225 random, computer-generated winning dates and times, one for each Instant Win Prize available to be won, will be generated by the Administrator prior to launch of the Promotion. At the time a participant submits his/her Entry (subject to the requirements set forth above), if such participant is the first eligible participant to submit an Entry 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 Prize. Non-winning entrants will also be notified on screen.
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 eligibility of your Essay, if applicable, and the potential winning Entry have been verified. Once verified, Instant Win Prizes will be sent to the Instant Win Prize winner’s email address provided at the time of Entry 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 February 12, 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 Monday, February 12, 2018, using the email address provided at the time of entry, and will be required to confirm his/her date of birth and mailing address, within five (5) days via return email. Non-compliance will result in disqualification and an alternate winner may be selected. 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 a Minor Prize Acceptance Release 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 and Bonus 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 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. If a prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules, that winner will be disqualified and the prize may be awarded to an alternate winner in a separate random drawing.
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. Entry 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 entry 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 entry 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 entry 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.
DISPUTES: Except where prohibited, participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of North Carolina. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the state of North Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of North Carolina. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
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 MAY 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, ESSAY, 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 February 12, 2018 to: The My Mederma® Story Instant Win Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION: For a written confirmation of the winners (available after February 12, 2018) send a stamped, self-addressed envelope (no later than March 12, 2018), to: The My Mederma® Story 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 trademark of Merz Pharmaceuticals, LLC. in the United States and other countries. All other trademarks or logos listed herein are trademarks of their respective companies in the United States and other countries. All rights reserved.