Xyzal® Fall Giveaway (“Sweepstakes”) Official Rules (the “Rules”)
THE FOLLOWING SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE LOCATED IN THE UNITED STATES AND A XYZAL COMMUNITY MEMBER AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: The Sweepstakes is open only to individuals who are legal U.S. residents of one of the 50 United States or the District of Columbia, 18 years of age (19 in AL or NE) or older at the time of entry, and have a valid U.S. driver’s license or government issued photo ID, AND a XYZAL Community member. The following persons are not eligible to participate: Employees, contractors, directors and officers of Sanofi US (Sponsor) Company, their parents, subsidiary and affiliated companies, distributors, Web design, advertising, fulfillment, judging and promotion agencies involved in the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”), including its affiliates and agents, and their respective immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of each and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Sweepstakes).
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 9:00:00 AM Eastern Time (“ET”) on October 25, 2023, and ends at 11:59:59 PM ET on November 8, 2023 (“Sweepstakes Period”). The time clock of computer administering this Sweepstakes is the official clock for this Sweepstakes.
3. HOW TO ENTER: NO PURCHASE NECESSARY. During the Sweepstakes Period, click the contest link provided in the contest email sent to XYZAL Community Members. Once on the contest page, follow the online instructions to complete the Sweepstakes entry form and submit your entry (“Entry”) to receive one (1) entry into the Sweepstakes. All entrants must have a valid email address. By submitting your entry, you confirm that you are eligible to participate according to these Rules. Sponsor reserves the right, at its sole discretion, to distribute entry offers at various times throughout the Sweepstakes Period through additional means which may include, but not be limited to, by e-mail to online subscribers of XYZAL US (subject to the terms and limitations set forth in such e-mail).
Limit one (1) entry per person/email address per sweepstakes period. The “period” is defined as the time in which the Sweepstakes Period will run between 9:00:00 a.m. ET on October 25, 2023 and 11:59:59 p.m. ET on November 8, 2023.
Each submission must be manually key stroked and/or manually entered by the individual entrant; automated and/or repetitive electronic submission of Entries (including but not limited to Entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email addresses/IP addresses may be blocked. For purposes of the Sweepstakes, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address. Additionally, use of multiple email addresses or multiple identities, phone numbers and/or mailing addresses, and/or the manipulation of such information, for the purpose of obtaining more than the stated number of entries and/or prizes, is prohibited and such persons will be disqualified and all Entries shall be deemed invalid and any prize an entrant might have been entitled to win will not be awarded and may be revoked, as determined in the sole discretion by the Sponsor.
4. DRAWINGS: One (1) Prize winner will be selected in a random drawing to be held on or about or about November 8th, 2023, from eligible Entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. The drawing will be conducted by an independent judging agency designated by Sponsor, whose decisions are final in all matters relating to this Sweepstakes.
5. PRIZE DETAILS: Prize (1): One (1) winner will receive one (1) Simple Modern 40 oz Tumbler and one (1) Calm Gift Card Subscription for a year awarded in the form of an Electronic Gift Card. Winner must accept the prize as stated by Sponsor or the prize may be forfeited. Total value of prize is $100.00
6. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from entrant's participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with the Sweepstakes. No responsibility or liability is assumed by the Sponsor or the Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or Web Site; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Sweepstakes. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting
from participation in the Sweepstakes. In the event of an identity dispute, entry will be considered made by the registered owner of the email address associated with the account used for entry. “Registered owner” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
7. WINNER NOTIFICATION: Potential winners will be notified by email within five (5) days of the drawing. Prize Winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, Publicity Release within five (5) days of prize notification via fax, email and/or overnight mail. Sponsor is not responsible for any change in entrant's email address. If attempted notification is returned as undeliverable, if any required documents are not returned within the required number of days, if winner cannot be verified, or if winner is otherwise unable to accept the prize as stated, prize may be forfeited. Prize will be delivered within nine (9) weeks of winner verification. If a Prize is returned as undeliverable, the prize will be forfeited and Sponsor shall have no further liability to award that prize.
8. RELEASE OF LIABILITY: By participating in the Sweepstakes, entrants agree (a) to release Sponsor and Promotion Parties, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents (“Released Parties”) from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Sweepstakes; (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. By accepting a prize, recipients (a) agree that Released Parties will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Sweepstakes; from acceptance, possession, misuse or use of any prize, including travel thereto and (b) grant (and agree to confirm grant in writing promptly upon request) to Sponsor and its designees and assigns the right to use his/her name, photograph, likeness, voice, image, statements, biographical information at any time or times, for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, including the Internet without review, notification or approval, and additional compensation or consideration, unless prohibited by law. Released Parties are not liable in the event that any portion of the Sweepstakes (including
any prize) is canceled due to pandemics or epidemics, outbreaks of infectious disease or any other public health crisis including quarantine measures of any government authority or other restrictions, weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
9. GENERAL CONDITIONS: Winners are solely responsible for any taxes on the prize and will receive an IRS Form 1099 for the total value of the prize. No substitution of prize is offered, except at the sole discretion of the Sponsor. No transfer of prize is permitted. Unclaimed prizes will not be awarded. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion, to (a) disqualify any individual who is responsible or who tampers with the entry process, and (b) cancel, modify or terminate the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes among all eligible, non-suspect entries received prior to cancellation. This Sweepstakes is offered only in the United States and is governed by the laws of the state of Texas, and all claims must be resolved in the federal or state courts located in Collin or Dallas counties, Texas.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. SPONSOR: Chattem, Inc. d/b/a Sanofi Consumer Healthcare, 55 Corporate Drive, Bridgewater, NJ 08807.
© 2023 Sanofi Consumer Healthcare