Gamma Communications Drawing Rules 4/1/2024 Xyzal SAMPLING DRAWING OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE ODDS OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
PROMOTION OVERVIEW: The Xyzal Sampling Drawing (the “Drawing”), is a drawing where participants can opt-in to the Xyzal CRM (Customer Relationship Management) program one (1) entry into the Drawing. By participating in the Drawing, participants fully and unconditionally agree to and accept these Official Rules and the decisions of Gamma Communications, Inc. (the "Sponsor") which are final and binding in all matters related to the Drawing. Eligibility for a prize is contingent upon fulfilling all requirements set forth herein.
TIMING: Entries for the Drawing begin at 12:00:01 AM Eastern Time (“ET”) on April 1, 2024 and ends at 11:59:59 PM ET on April 30, 2024 (the “Drawing Period”). Sponsor’s computer is the official time-keeping device for the Drawing Period.
ELIGIBILITY: The Drawing is only open to legal residents of the 50 United States and the District of Columbia, age 18 or older at the time of entry who are not also residents of any other country (“Participant”). Void outside the US, in Puerto Rico and wherever else prohibited or restricted by law. Employees of the Sponsor, Gamma Communications, Inc,Chattem, Inc, d/b/a Sanofi Consumer Healthcare and their respective subsidiaries, affiliates, advertising and promotion agencies (“Promotion Parties”), and the immediate family members of each, and/or those living in the same household of each (whether related or not), are not eligible to enter or win a prize. Drawing is subject to all applicable state laws and regulations. For the purpose of these Official Rules, immediate family is defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
SAMPLES: Consumers will receive a sample when they visit a participating venue. Availability of samples as described above are subject to availability and only while supplies last.
HOW TO ENTER THE DRAWING: There are two (2) methods of entry:
Method #1 / Online Opt-in: Visit the Website https://cloud.us.email.chattem.com/xyzal-campsite-signup, complete the survey (“Survey”), provide the requested contact information and submit (“Online Entry”). Online Entries must be received during the Drawing Period. Entrants are subject to all notices posted online including but not limited to the Sponsor’s Privacy Policy. Limit: One (1) Online Entry per person regardless of whether entrant has more than one email address.
Method #2 / Alternate Method of Entry: Mail a 3”x5” card with your name, email address and phone number with the words “Gamma Communications Drawing Entry” to Gamma Communications, Inc., 33 Irving Place, Floor 5, New York, NY 10003. Envelopes must be postmarked between April 1, 2024 and April 30, 2024 and received by May 15, 2024 (the “Mail-in Entry”). Incomplete, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postagedue mailed entries.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There will be one (1) Grand Prize(s) available. Grand Prize is a $500.00 gift card.
The total ARV of all prizes is: $500.00. Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWINGS: The Drawing winner will be selected in a random drawing, on or about Friday, May 31, 2024. Drawing winner will be selected by the Sponsor from among all eligible entries received during the Drawing Period. Sponsor decisions are final and binding.
WINNER NOTIFICATION: Prize winner will be notified by email and requested to confirm his/her mailing address within 48 hours via return email. Prizes will be sent to the address on the entry form or new address provided via email within 4-6 weeks of winner being verified.
If a Gift Card is returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected in a separate random drawing from all remaining eligible entries received.
PRIZE CONDITIONS: If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing from all remaining eligible entries received.
Prizes are not assignable or transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value may be awarded at Sponsor’s discretion. No exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses specified herein are the winner’s sole responsibility.
Winners are responsible for all income taxes (if applicable) associated with winning prize.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sponsor and all other businesses affiliated with this Drawing and their agents do not make, nor are in any manner responsible for any respective warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered.
GENERAL: Participating entrants agree to these Official Rules and the decisions of the Sponsor and release the Sponsor, and their affiliated companies, and all other businesses involved in this Drawing, including, but not limited to the Promotion Parties, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of any sample and/or prize offered. Each participant and/or winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Drawing or use/misuse or redemption of the prize and/or sample. Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Drawing or in the announcement of the prize.
Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Official Rules are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged, postage-due or illegible entries; 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 web site or any combination thereof; (iii) any injury or damage to entrant's or any other person's computer or other device related to or resulting from participating in the Drawing; (iv) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (v) any combination of the above. By participating in the Drawing, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Drawing. Failure to comply with these Official Rules may result in disqualification from the Drawing. Sponsor reserves the right to: (i) permanently disqualify from any Drawing it sponsors any person it believes has violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Drawing Process). If for any reason this Drawing 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 which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Drawing Process, the Sponsor reserves the right to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Drawing Process (including, but not limited to, amending these Official Rules), at which time, Sponsor may conduct a random drawing from among all eligible entries received at the time of the termination.
The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Drawing; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information entered (or purportedly entered) for the purposes of this Drawing; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Drawing in accordance with the Sponsor’s interpretation of the letter and spirit of these Official Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Drawing will be the official time-keeping device(s) used by the Sponsor.
ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE OFFICIAL RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Sponsor reserves the right, to adjust any of the dates, timeframes and/or other Drawing mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant, Entry and/or other information with these Official Rules, or as a result of any problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Drawing as contemplated in these Official Rules, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Drawing-related materials, including, but not limited to, any advertising and/or any instructions or interpretations of these Official Rules given by any representative or purported representative of the Sponsor, the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by law.
DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Drawing 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 Drawing, 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 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 failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THE DRAWING OR THE DRAWING PROCESS WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
PRIVACY: By entering and providing the required entry information, Entrants acknowledge that the Sponsor may also send information, samples or special offers it believes may be of interest to entrant, or other information or goods offered by its marketing partners. Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.receiptrewards.com/privacy-policy. Notwithstanding the foregoing, the Sponsor will not send such information to Entrants in the form of commercial electronic messages absent their express or implied consent as required by applicable law.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by Friday, May 31, 2024, to: Gamma Communications, Inc. Attn: Sampling Drawing Official Rules Request, 33 Irving Place, Floor 5, New York, NY 10003
WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after June 3, 2024), send a stamped, self-addressed envelope (no later than June 3, 2024), to: Gamma Communications, Inc. Attn: Sampling Drawing Winner Confirmation Request, 33 Irving Place, Floor 5, New York, NY 10003
SPONSOR: Gamma Communications, Inc., 33 Irving Place, Floor 5, New York, NY 10003