Alka-Seltzer Plus® – Complete Relief Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE A LEGAL RESIDENT OF THE UNITED STATES IN ONE OF THE JURISDICTIONS REFERENCED IN PARAGAPH TWO BELOW, AT LEAST 18 OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, AT DATE OF ENTRY INTO SWEEPSTAKES. VOID IN PUERTO RICO, ALL US TERRITORIES AND WHERE PROHIBITED BY LAW.
Sponsor: Bayer HealthCare LLC, P.O. Box 1910, Morristown, NJ 07962.
Administrator & Prize Provider: TMPG, 711 Westchester Ave, White Plains, NY 10604.
Sweepstakes Entities: Bayer HealthCare LLC ("Bayer"), Gold N Fish Marketing LLC, and TMPG.
1. Acceptance of Official Rules: By entering the "Alka-Seltzer Plus® – Complete Relief Sweepstakes" (the "Sweepstakes") operated on the TMPG hosted web site accessible at the domain "www.alkaseltzerplusrelief.com" (the "TMPG Service"), you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility: This Sweepstakes is offered and open to persons who are: (a) legal residents of Georgia living in the Atlanta metro and surrounding areas, Massachusetts living in the Boston metro and surrounding areas, Illinois living in the Chicago metro and surrounding areas, Colorado living in the Denver metro and surrounding areas, New York living in the New York City metro and surrounding areas, Pennsylvania living in the Philadelphia metro and surrounding areas, California living in the San Francisco metro and surrounding areas, Virginia and Maryland living in the Washington, DC metro and surrounding metro areas; and (b) at least 18 years old or age of majority, whichever is older in their state of residence, at the date of entry in this Sweepstakes. This Sweepstakes is void in Puerto Rico, all US territories and possessions, outside the U.S. and where prohibited by law. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their respective parent companies, affiliated and subsidiary companies, franchisees, representatives, advertising and promotion agencies, agents, and legal advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors.
3. Sweepstakes Period: The Sweepstakes begins on January 14, 2013 at 7:00:00AM ET and ends at 11:59:59 PM ET on January 27, 2013 (the "Sweepstakes Period").
4. Entering: To enter participants need to go to the Sweepstakes page found on the Alka-Seltzer Plus® – Complete Relief Sweepstakes of the TMPG Service accessible at http://www. alkaseltzerplusrelief.com during the Sweepstakes Period, follow the instructions to complete the Sweepstakes entry form, including, without limitation, submitting your valid e-mail address, and hit the submit button and you will receive an entry into this Sweepstakes. Participants may also enter the Sweepstakes by hand printing your full name, address (including city, state and zip code), daytime telephone number, date of birth and e-mail address (optional) on a 3 ½” x 5” card and mailing it in an envelope with proper postage affixed to: Alka-Seltzer Plus® – Complete Relief Sweepstakes Entry, 711 Westchester Ave, Suite 102, White Plains, NY 10604. Entries must be postmarked before the end of the Sweepstakes Period and received by February 8, 2013. Limit one entry per person for the duration of the Sweepstakes.
5. Grand Prize (the "Prizes"): The Sweepstakes will award eight (8) Grand Prizes each consisting of one Relief From Your Holiday Bills Grand Prize which will be awarded in the form of a (1) $250 check or money order. Total approximate retail value of all Prizes to be awarded in this Sweepstakes is $2,000.00.
6. Prize Restrictions: Certain terms and restrictions may apply and will be furnished upon prize delivery. No assignment, transfer, or substitution of a Prize is permitted, except Administrator reserves the right to substitute a Prize with a prize of comparable or greater value should a Prize or its components become unavailable. Prizes are solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Drawing/Winner Notification: Prize will be awarded by random drawing. Odds of winning a Prize depends on the number of eligible entries received during the Sweepstakes Period. The random Prize drawings will take place on or about February 11, 2013. The Prize drawings will be conducted by Administrator, whose decisions are final and binding in all respects. Potential Prize winners (the "Prize Winners") will be notified by email and/or by phone within 7 days from the drawing date. If a potential Prize Winner cannot be reached after a reasonable effort has been made during five (5) business days from the first notification attempt, such person may be disqualified, with an alternate Prize Winner selected in accordance with these Official Rules. Only two attempts for new alternates per Prize will be conducted. If attempts fail, unclaimed Prize will not be awarded.
8. Prize Taxes: All federal, state, local and other tax obligations arising from this Sweepstakes, including, without limitation, winning a Prize, will be the sole responsibility of each Prize Winner.
9. Affidavit of Eligibility/Liability Release and Publicity Release: Prize Winner may be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within five (5) days of receipt of such Release Forms via notification of winning correspondence. Failure to return Release Forms in a timely manner, or if a Prize notification or a Prize is returned as non-deliverable, or if a Prize Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize Winner selected in accordance with these Official Rules.
10. Publicity Release Terms. Except where prohibited by law, a Prize Winner's acceptance of a Prize constitutes permission for the Sweepstakes Entities its licensors and owners to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
11. Improper Conduct: Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award a Prize or any part of a Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY
ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Integrity of Sweepstakes: If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of show, scheduling changes or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Prize Winners from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate. Additionally, the Sweepstakes may be modified or terminated due to TV programs, if applicable to the Sweepstakes, being cancelled, put on hiatus or due to scheduling changes.
13. Lost or Corrupted Entries: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors, and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
14. Damaged Property: Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
15. Sweepstakes Errors: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies and licensors, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
16. Prizes and Prize Winners: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies and licensors, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of a Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Sweepstakes.
17. Release and Indemnity: Each entrant in this Sweepstakes, including, without limitation, a Prize Winner, hereby releases and agrees to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and licensors, and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
18. Limitation of Liability: IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
19. Disclaimer of Warranties: THE SWEEPSTAKES AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
20. Identity Disputes: In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
21. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New Jersey, in the City of Morristown, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
22. Governing Law and Jurisdiction: This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New Jersey, in the City of Morristown.
23. Winner List: For the name of the Prize Winners send a self-addressed stamped envelope for receipt by February 22, 2013 to "Winner's List Alka-Seltzer Plus® – Complete Relief Sweepstakes" c/o TMPG, 711 Westchester Ave, Suite 102, White Plains, NY 10604; residents from WA and VT may omit postage on the self addressed envelope. The full name of the Prize Winners may be posted and the Official Rules will be posted on the TMPG Service.
© 2013 Bayer HealthCare LLC.