Dr. Teal's Instagram Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR: Dr Teal's, 85 Old Kings Highway North, Darien, CT 06820.
ADMINISTRATOR: Creative Media Marketing, 594 Broadway, Suite 500, New York, NY, 10012.
Instagram Sweepstakes (the "Sweepstakes") begins at 12:00:00 PM Eastern Time ("ET") on October 8, 2014 and ends at 11:59:59 PM ET on November 28, 2014 ("Sweepstakes Period").
The computer clock of the Sponsor (defined below) is the official time-keeping device in the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed, or administered by Instagram, Inc. ("Instagram"). All questions, comments or complaints regarding the Sweepstakes should be directed to the Sponsor at the address listed above and not to Instagram.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States who are eighteen (18) years of age or older as of date of entry (19 or older if a resident of Alabama or Nebraska) . Employees, officers and directors of Dr Teals, Creative Media Marketing, Smiley360 their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively with Sponsor, the "Sweepstakes Entities") their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Sweepstakes.
The Sweepstakes is subject to all applicable federal, state and local laws and regulations. By entering you agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
Sponsor reserves the right to disqualify any participant or winner who, in its sole suspicion, tampers with the entry process, violates these rules, or acts in an unsportsmanlike or disruptive manner.
2. HOW TO ENTER: To participate, log into the Instagram Application (the "Website") during the Sweepstakes Period and follow @drteals. Then, upload a photo to your personal account of you with your favorite workout buddy and caption the photo with how you plan to use Dr Teal's . Tag @drteals and use the hashtag #drtealsepsomsalt and #passtheDrTeals. Any uploaded photo must be of a friend who is (i) at least eighteen (18) years of age, and (ii) has consented to the use of his/her image in this Sweepstakes in accordance with these Official Rules ("Eligible Photo"). Eligible participants will gain one (1) entry into the Sweepstakes for each Eligible Photo posted.
The content of the Eligible Photo post will have no influence on the selection of winners; winners will be selected at random as described herein.
No other form of entry is valid. Entries via automated programs, bots or third-party services are prohibited, and any entrant who enters or attempts to enter using such methods/services will be disqualified. All entries become property of the Sponsor and will not be returned.
3. PRIZES, DRAWING AND ODDS OF WINNING: Four (4) duos, total of eight (8) individuals, Sweepstakes Prize winners (the "Winners" or individually the "Winner") will be selected in an electronic, random drawing held from among all entries received during the Sweepstakes Period. The drawing will be conducted on or about December 13, 2014. Odds of winning depend on number of entries received.
SWEEPSTAKES PRIZE (4): Four Sweepstakes Prizes will be awarded. In no event will more than four Sweepstakes Prizes be awarded. Each Sweepstakes Prize shall consist of a prize for the Winner and a prize for the Winner's friend, as designated by Winner.
Each Sweepstakes Prize will consist of:
2 one-month supplies (Eucalyptus, Lavender, Milk & Honey) of Dr Teal's (for them and their friend).
The total ARV of all prizes is $480.00.
4. PRIZE AWARDING: Limit of one (1) Sweepstakes Prize per person and/or household. All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility.
Prizes will be awarded only upon a Winner's redemption, confirmation, verification and final approval by Sponsor. The potential Sweepstakes Prize winners will be notified by Sponsor via Instagram comment on their photo ("Notification"). Potential winner(s) will have three (3) days to respond to Notification via email before forfeiting their prize. A potential winner becomes a "Winner" only after verification of participant and photo eligibility by Sponsor. All Sweepstakes Prizes will be delivered to the Winners approximately 4 - 6 weeks after the Sweepstakes has ended. If a potential winner cannot be contacted; is ineligible; fails to claim the prize via email response to Notification; or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that Sweepstakes Prize. In the event such forfeiture occurs, the Sweepstakes Prize will be awarded to an alternate potential winner, randomly chosen in a second chance drawing among all remaining entries. Odds of winning in the second chance drawing depend on the number of eligible entries received. Sponsor cannot predict the number of entries. As a condition of being awarded a prize, Sponsor may require any Winner to sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, or to otherwise provide proof of eligibility in any manner Sponsor deems appropriate, within a specified time period. Failure to comply will result in prize forfeiture.
Sponsor reserves the right, in its sole discretion, to substitute a Sweepstakes Prize with a prize of equal or greater value, if the Sweepstakes Prize, or portion of the Sweepstakes Prize, becomes unavailable. No other substitution, transfer of any prize or cash alternative is permitted.
PRIZES ARE AWARDED "AS IS" WITH NO GUARANTEE, EITHER EXPRESS OR IMPLIED BY SPONSOR. ALL PRIZE DETAILS ARE AT SPONSOR'S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS' SOLE RESPONSIBILITY.
5. GENERAL: The winner hereby expressly grants to the Sweepstakes Entities and their respective designees all rights to use and/or publish his/her name, likeness (photographic or simulated), voice, and state of residence for advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes ("Advertising"), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor or its licensors and the Winners, through participation in this Sweepstakes, hereby disclaim and waive any claim of right to such Advertising. Such Advertising shall be solely under control of Sponsor or its licensors, and Winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of the Winner's name, likeness or voice under contract, tort or any other theory of law. The Sweepstakes Entities do not assume any responsibility for any disruption in the Sweepstakes caused by circumstance or other unforeseen events outside of the control of the Sweepstakes Entities. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All federal, state, and local laws and regulations apply.
6. CONDUCT: By participating in this Sweepstakes, participants agree to be bound by these Official Rules and the decisions of the Sweepstakes Entities, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Sweepstakes Entities reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes; or to be acting in any manner deemed by the Sweepstakes Entities to be in violation of the Official Rules; or to be acting in any manner deemed by the Sweepstakes Entities to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated entries and/or registrations. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. LIMITATIONS OF LIABILITY: Sweepstakes Entities assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then, the Sweepstakes Entities reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sweepstakes Entities will award the prizes from among all non-suspect, eligible entries received for the Sweepstakes up to time of such action.
8. RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to release and hold harmless Instagram and the Sweepstakes Entities from and against any and all liability, claims or actions of any kind whatsoever from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, indirect, compensatory, incidental or consequential, to person, including death, and/or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a prize (if applicable), or their participation in this Sweepstakes. All participants, as a condition of participation in this Sweepstakes, agree to release hand hold harmless Instagram and the Sweepstakes Entities from any and all claims or actions brought by a third party in connection with the participant's entry in this Sweepstakes, including but not limited to any claims for misappropriation and invasion of privacy. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. CHOICE OF LAW AND JURISDICTION: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes 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 New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, announcements or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
11. WINNERS LIST: To receive the list of winners of prizes, send a self-addressed stamped envelope for receipt by November 1, 2014 to: Dr Teals #PassTheDrTeals Sweepstakes Winners List Request, c/o Creative Media Marketing, 594 Broadway, Suite 500, New York, NY, 10012.
12. INQUIRIES: Any inquiries regarding this contest may be sent by regular mail to Dr Teals #PassTheDrTeals Sweepstakes Inquiries c/o Creative Media Marketing, 594 Broadway, Suite 500, New York, NY, 10012.