Official Rules “Cold-EEZE® #ColdEEZESavesTheDay Contest”
YOU HAVE NOT YET WON. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
*1. Eligibility:* “Cold-EEZE® #ColdEEZESavesTheDay” (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of ProPhase Labs, Inc. (“ProPhase”), and any of their affiliate companies and ProPhase marketing vendors and consultants, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in the Contest. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. A contest participant (“Entrant”) must be a fan of the Cold-EEZE® Facebook Page, or follower of the Cold-EEZE® Twitter and/or Instagram accounts (depending on the method used for entry) at the time of entry and at the time of Winner selection to be eligible to win.
*2. Sponsor:* ProPhase Labs, Inc., PO Box 1349, Doylestown, PA 18901
*3. Agreement to Official Rules:* Participation in this Contest constitutes Entrant’s full and unconditional agreement to these Official Rules and agreement to Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
*4. Timing:* The Contest begins on October 3, 2016 at 12:00AM Eastern Standard Time (“EST”), and the last Entry will be accepted on December 31, 2017 at 11:59 p.m. EST (the “Contest Period”) or while supplies last.
Sponsor’s computer is the official time-keeping device for the Contest.
*5. How to Enter:* During the Contest Period, Entrants must publicly post a photo (referred to as your “Submission”) on the Cold-EEZE® Facebook page, on Twitter or on Instagram with the hashtag #ColdEEZESavesTheDay. Private posts and posts without the hashtag will not be considered.
Method 1: Entrant posts a public photo to their own Twitter or Instagram account with the hashtag #ColdEEZESavesTheDay, which answers the question: “How has Cold-EEZE® helped you when you had a cold?”
Method 2: Entrant posts a photo on the Cold-EEZE® Facebook Page Timeline at www.facebook.com/ColdEEZE with the hashtag #ColdEEZESavesTheDay, which answers the question: “How has Cold-EEZE® helped you when you had a cold?”
A Submission in the “The Cold-EEZE® #ColdEEZESavesTheDay Contest” is defined as a photo posted online via the posting methods described above, tagged with the hashtag #ColdEEZESavesTheDay. Entrants may post more than one photo Submission during the contest period, however, each Submission must be unique, and any attempt to abuse the promotion, as defined solely by Sponsor, will result in the disqualification of the Entrant.
Submissions generated by script, macro or other automated means are void. Entering a Submission constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Submission. Released Parties (as defined in Section 8, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions listed below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission(s) and disqualify you from the Contest if it believes, in its sole discretion, that your Submission(s) fails to conform to the Guidelines and Restrictions.
By uploading your Submission, in addition to rights granted below, you: (a) grant to Sponsor all rights necessary to display your Submission on Sponsor’s Web site and Sponsor’s Facebook page; (b) hereby waive any so-called moral (e.g., creative rights) in your Submission; (c) represent and warrant that you have the right to grant the rights granted in these Official Rules; and (d) represent and warrant that your Submission and its use as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights.
• The Submission must be a digital photo;
• The Submission must be Entrant’s original creation and owned one hundred percent (100%) by the Entrant;
• Entrants must secure a signed model release from each recognizable person, if any, in the photograph Submission, including the Entrant, and provide it to the Sponsor at the time of entry, emailed to firstname.lastname@example.org with the subject line “#ColdEEZESavesTheDay Model Release” and including the username of the social media account you used to enter the contest in the email. In the case of a minor, the subject’s parent or guardian must sign the release. A sample release is available at www.coldeeze.com/modelrelease. Failure to provide a release for each recognizable person in the photo will result in disqualification from the contest; and
• The Submission must answer the question “How has Cold-EEZE® helped you when you had a cold?”
• The Submission must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
• The Submission must not disparage any person or entity;
• The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortuous, and/or defamatory;
• The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
• The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created; and
• The Submission must not contain images of competitor products.
In the event of a dispute as to any Submission, the authorized account holder of the Facebook account, Twitter handle, or Instagram handle used to enter will be deemed to be the Entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned a Twitter handle, Instagram handle or Facebook account by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted Facebook account, Twitter handle, or Instagram handle. Each Entrant may be required to show proof of being an authorized account holder.
*Limit:* Each Entrant may post one (1) unique Submission per day during the contest period. Repeated/duplicated Submissions will not be allowed. Submissions received from any person or email address in excess of the stated limit of one (1) per day will be void. Submissions generated by script, macro or other automated means are void. Released Parties (as defined in Section 8, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the Facebook account, Twitter account or Instagram account used to enter will be deemed to be the Entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an account by Facebook, Twitter or Instagram online service provider or other organization responsible for assigning accounts for the domain associated with the submitted account. Each Entrant may be required to show proof of being an authorized account holder.
*6. Winner Determination and Requirements:* One (1) Winner per week will be selected by a random drawing from among the eligible entries, for a total of up to sixty five (65) Winners throughout the Contest Period. Winner’s Submission must follow the directions stated in #5 of these Official Rules. There must be at least 5 entries for a winner to be selected. Winners may not win more than one (1) prize throughout the Contest Period. All potential Winners will be notified via the platform through which they entered (Facebook, Twitter or Instagram). The potential Winners will be required to provide a valid mailing address and execute and return an affidavit of eligibility and release (the “Affidavit”) within three (3) days of notification in order for Sponsor to be able to fulfill the prize. All potential Winners will be required to respond within three (3) days of attempted notification. An alternate Selected Entrant may, at Sponsor’s sole discretion be randomly selected from among the remaining eligible entries if a Selected Entrant: (i) cannot be reached; (ii) cannot accept or receive the prize for any reason, (iii) does not execute and return the Affidavit as required. Only three (3) alternate Winners may be determined, after which the applicable prize will remain un-awarded.
Entrants’ Submissions may be published on Sponsor’s web site(s) and social media account, including but not limited to Facebook, Twitter, and Instagram, including their name and profile picture.
Acceptance of any prize shall constitute and signify Winner’s agreement and consent that Sponsor and its designees may use the Winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 8, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
*7. Prize:* ONE (1) prize will be awarded per week, for a total of up to 65 prizes, or while supplies last. Prize consists of one (1) Cold-EEZE® branded promotional item. Approximate Retail Value of prize (“ARV”): $5-15, each.
If the potential Winner cannot be contacted or prize is returned as undeliverable, potential Winner forfeits the prize, and Sponsor may select a new Winner. Prize is non-transferable, dates are not negotiable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use, if any.
*8. Release:* By receipt of any prize, Winner agrees to release and hold harmless the Sponsor, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. You understand that you are providing your information to the Sponsor and not to Facebook, Twitter or Instagram. The information you provide will only be used for purposes of selecting and notifying the prize Winners and for no other reason.
*9. General Conditions:* Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the Winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including reasonable attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
*10. Limitations of Liability:* Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
*11. Disputes:* Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts located in Philadelphia, Pennsylvania (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and 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 Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of the State of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Pennsylvania.
*12. ADDITIONAL LIMITATIONS* Prize is non-transferable. No substitution or cash equivalent of prize is permitted; however, the Sponsor reserves the right to substitute the prize with another of equal or greater value. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any Winner, or the distribution of any prize. Any attempt to damage the content or operation of this Contest is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Contest, if Sponsor determines that the Contest cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
*13. GRANT OF RIGHT* By posting a Submission, the Entrant grants to Sponsor a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to exploit the copyright and publicity rights in the entry, in any media now known or hereafter invented, grants license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, except where prohibited by law. If requested, Entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Submission. Released Parties (as defined in Section 8, above) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
*14. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; AND LIMITATION OF LIABILITY*
ENTRANT REPRESENTS AND WARRANTS THAT ENTRANT OWNS OR HAS A LICENSE TO USE ALL MATERIALS, INCLUDING WITHOUT LIMITATION THE TEXT AND IMAGES, IN THE QUALIFYING RESPONSE, AND HAS THE RIGHT TO GRANT TO SPONSOR THE RIGHTS HEREIN GRANTED. BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON.
THE RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
*15. PUBLICITY* By participating, each Entrant grants Sponsor permission to use his/her name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law. By entering the Contest and posting a Submission, Entrant gives the Sponsor and/or the Administrator permission to use all or part of Entrant’s Submission in any and/or all marketing materials which include, but are not limited to, the blog, any section of the Facebook Page, Twitter, Instagram, and Pinterest.
*17. Winner List:* Winner List requests will only be accepted after the promotion end date (listed above). You can obtain the list of Winners by mail to Att.: Contest Administration, “Cold-EEZE® #ColdEEZESavesTheDay Contest”, Winner List Request, ProPhase Labs, Inc., PO Box 1349, Doylestown, PA 18901. Requests for Winners’ lists received 30 days after the conclusion of a Promotion will not be honored.
© 2016 ProPhase Labs, Inc. All rights reserved.