EltaMD® National Doctors’ Day Giveaway
NO PURCHASE REQUIRED TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
These Official Rules apply to the ”National Doctors’ Day Giveaway” (“Giveaway”) conducted by EltaMD, Inc., 15601 Dallas Parkway Suite 1000(“Sponsor”) and promoted at [eltamd.com] (“Website”). The Giveaway will start at 8:00:01 AM Central Time (“CT”) on March 30, 2020 and will end at 11:59:59 PM CT on March 31, 2020 (“Giveaway Period”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Giveaway. By entering this Giveaway, you agree to the Terms in these Official Rules.
- ELIGIBILITY: GIVEAWAY ENTRANTS AND PRIZE RECIPIENTS MUST BE BOTH (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO) AND (B) 18 YEARS OF AGE OR OLDER (EXCEPT ALABAMA AND NEBRASKA 19 AND 21 IN MISSISSIPPI) AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID OUTSIDE THE UNITED STATES, DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW. GIVEAWAY SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. Officers, directors and employees of Sponsor. and parent company, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies (all such individuals and entities collectively referred to herein as, the “Promotion Parties”), are not eligible to enter the Giveaway or win a prize. By participating in this Giveaway, each entrant waives, discharges and releases Sponsor and its officers, directors, partners, and agents from any and all liability associated with this Giveaway. This Giveaway is not sponsored by or associated with Instagram.
- HOW TO ENTER THE PROMOTION: To participate, log in to your Instagram account (which can be obtained for free and which must be made public) and respond to Sponsor’s post by commenting and tagging a doctor you are associated with and who you want to celebrate on National Doctors’ Day. The first ten (10) people to comment by tagging a doctor (each an “Entry”) will be eligible to receive a prize for themselves and the doctor named by a tag (each a “Potential Winner”) Entrants must like the associated Instagram giveaway post and follow the EltaMD Instagram account (https://www.instagram.com/eltamdskincare) for the entry to be valid.
Limit of one (1) Giveaway Entry per person, per Instagram account throughout the Giveaway Period. In the event a person has more than one Instagram account, only the initial valid entry will be considered.
Entrants may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights and must have permission to use the doctor’s name in the entry. Only Entries which tag a doctor, like the associated Instagram giveaway post and are following the EltaMD Instagram account (https://www.instagram.com/eltamdskincare) will be valid.
WINNER NOTIFICATION: Potential Winners will receive prize notification via Instagram Direct Message] on or about April 6, 2021 and must provide a valid mailing address for themselves and for the doctor for receipt of the prize. Potential Winners will be sent an Affidavit of Eligibility/Liability Release. All forms must be completed, signed, notarized and returned to Administrator within ten (10) days of date of issuance. The Potential Winner then and only then becomes the “Winner.” If such Potential Winner cannot be contacted within a reasonable time period, if the Potential Winner is ineligible, if any notification is returned undeliverable, or if the Potential Winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner will be selected. Prizes will be mailed to the Winners and the doctors. Allow 3 weeks for delivery.
- PRIZES AND THEIR APPROXIMATE RETAIL VALUE (“ARV”): Twenty (20) prize Winners will receive one UV Clear Broad-Spectrum SPF 46 . Approximate Retail Value (“ARV”) of each Prize: $00. The exact products of the Prize will be determined by Sponsor at time of awarding. Total ARV of all prizes: $720.00.
- GENERAL: Prizes are non-transferable and no substitutions will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if a designated prize should become unavailable for any reason. Prizes are subject to the Giveaway Official Rules and all applicable federal and state laws. Taxes on the Prizes are sole responsibility of the Winners. Sponsor will not pay for or offset any tax liability on any prize. Eligibility, age and claims made by any Winner are subject to verification. By entering this Giveaway, entrants and Winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Promotion Parties from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, due in whole or in part, directly or indirectly, to participation in this Giveaway or any Giveaway-related activity, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of his/her name, voice, picture, likeness and/or personal story for advertising and Giveaway purposes (where permitted) in any medium throughout the world, whether now known or hereafter devised, in perpetuity without additional compensation unless prohibited by law, and (4) acknowledge that Sponsor and the Promotion Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor, at its sole discretion may discontinue this Giveaway at any time. Sponsor, at its sole discretion may terminate the Giveaway or decide to modify the Giveaway in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Giveaway’ security and fairness. Sponsor, at its sole discretion, may prohibit individuals from participating in the Giveaway and disqualify entries if they (1) attempt to enter the Giveaway through any means other than as described in these Official Rules, (2) attempt to disrupt the Giveaway or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Giveaway’ Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor’s decisions with respect to the Giveaway are final.
- INTERNET: If for any reason this Giveaway is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor or the Promotion Parties which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, to cancel, terminate, modify or suspend the Giveaway. Neither the Sponsor nor any Promotion Party assumes any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Neither the Sponsor nor any Promotion Party is responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by the Sponsor or any Promotion Party due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Giveaway or downloading any materials in this Giveaway. Neither Sponsor nor any Promotion Party is responsible for incompatibility of entrant’s hardware, software or browser technology with Sponsor’s or such Promotion Party’s hardware, software or browser technology. Caution: any attempt to deliberately damage any web site or undermine the legitimate operation of the Giveaway is a violation of criminal and civil laws and should such an attempt be made, the Sponsor or affected Promotion Party reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. In the event of a dispute as to the identity or eligibility of a Winner based on an e-mail address, the winning Entry will be declared made by the “Authorized Account Holder” of the e-mail address at time of Entry. An “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential Winner to provide Sponsor with proof that such party is the authorized account holder of the e-mail account associated with the Entry.
- LIABILITY & RELEASE: By participating in this Giveaway, entrants agree to release and hold harmless Sponsor and the Promotion Parties from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Giveaway or the processing of Entries or Claims; or (e) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or entrants’ receipt, acceptance, use and/or enjoyment of any prize. In no event shall Sponsor or the Promotion Parties be liable for attorney’s Each Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages or to participate in any class action. Sponsor and the Promotion Parties reserve the right to correct typographic, clerical or printing errors in any Giveaway materials. Sponsor and the Promotion Parties are not responsible for any typographical or other error in the printing of this Giveaway, the administration of the Giveaway or in the announcement of any Winner, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor or the Promotion Parties are prevented from continuing with this Giveaway, or the integrity and/or feasibility of the Giveaway is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or the Promotion Parties’ control (each a “Force Majeure” event) the Sponsor and the Promotion Parties shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Giveaway without notice or further obligation. If the Sponsor or the Promotion Parties, in their discretion, elect to abbreviate, cancel or terminate the Giveaway as a result of a Force Majeure event, the Sponsor and the Promotion Parties reserve the right, but shall have no obligation, to award a Prize from among all valid and eligible entries received up to the time of such Force Majeure event.
- CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the state of Texas without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of Texas or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of Texas. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the state of Texas You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience
SPONSOR’S ADDRESS:. EltaMD, Inc., 15601 Dallas Parkway Suite 1000 Addison, TX 75001
Copyright © 2021 EltaMD, Inc. All rights reserved. EltaMD® is a registered trademark of EltaMD, Inc.