DR. BROWN’S “Friday GIVEAWAY – May 5, 2023” SWEEPSTAKES OFFICIAL RULES – MAY 2023
DR. BROWN’S® “Friday GIVEAWAY – May 5, 2023 ” SWEEPSTAKES
OFFICIAL RULES – May 5, 2023
1. NO PURCHASE NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD AND/OR SERVICE OR THE COMPLETION OF AN ENTRY FORM WILL NOT INCREASE A PARTICIPANT’S CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES OF AMERICA ONLY (EXCLUDING PUERTO RICO AND OTHER U.S. TERRITORIES). ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED. THE ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED.
2. SPONSOR AND ADMINISTRATOR: The Dr. Brown’s® “Friday GIVEAWAY – May 5, 2023” Sweepstakes (the “Sweepstakes”) is sponsored by Handi-Craft Company, with an address at 4433 Fyler Avenue, Saint Louis, Missouri 63116 (“Sponsor”). The Sweepstakes entry period starts on May 5, 2023 at 10:00 AM Central Time (“CT”) and ends on May 10, 2023 at 11:59PM CT (the “Sweepstakes Period”). Eligibility for entry into the Sweepstakes will cease at the applicable time and date, and all entries received thereafter will be considered disqualified and will be ineligible for participation. If Sponsor does not receive your entry for any reason, or if your entry is not entered correctly, the entry will be invalid and you will be ineligible to participate or win. Sponsor’s clock will be the official clock of the Sweepstakes.
3. ELIGIBILITY: ONLY INDIVIDUALS WHO AT THE TIME OF ENTRY (1) ARE LEGAL U.S. RESIDENTS; AND (2) ARE AT LEAST 18 YEARS OF AGE ARE ELIGIBLE TO PARTICIPATE OR WIN. SPONSOR DOES NOT WARRANT THAT THIS SWEEPSTAKES IS VALID IN ANY PARTICULAR JURISDICTION. CUSTOMERS IN JURISDICTIONS WHERE THIS SWEEPSTAKES IS PROHIBITED ARE INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES. Employees, agents, or representatives of Sponsor and their respective subsidiaries, parents, affiliates, advertising and marketing promotion agencies, and their immediate family members (defined as a person’s spouse, parents, children, grandparents, and/or siblings, regardless of where they live), and/or persons living in the same households of such employees, whether or not related, are not eligible to enter or win. Only participants who comply with all terms and conditions of these Official Rules will be eligible to win.
4. HOW TO ENTER: Participants may enter the Sweepstakes via the method set forth herein:
Online: To enter online, during the Sweepstakes Period, a participant must like the Instagram post, follow Dr. Brown’s Instagram account, and tag one (1) friend. All online entries must be submitted by 11:59PM CT on May 10, 2023. One (1) entry via Instagram will count as one (1) entry into the Sweepstakes.
Automated entries are prohibited, and any use of automated devices will result in disqualification. All entries will be deemed to have been submitted by the holder of the App account with which the post was associated. All entries become the sole and exclusive property of Sponsor and will not be returned. Receipt of entries may not be acknowledged, and proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for, and shall not be liable for late, lost, misdirected, unsuccessful, damaged, postage-due, stolen, or illegible entries for any reason. Entries that are mutilated, tampered with, illegible, invalid, or incomplete are not eligible and will not be accepted. Sponsor reserves the right in its sole discretion to reject any entry for failure to fully comply with these Official Rules.
5. PRIZE: The Prize is as follows
-One (1) Dr. Brown’s™ Silicone Finger Toothbrush
-One (1) Dr. Brown’s® Lovey Pacifier and Teether Holder
-One (1) Dr. Brown’s™ Flexees™ Beaded Teether Rings
-One (1) Dr. Brown’s® Learning Loop Silicone Ring Teether
Total ARV for Prize Package: $33.96
The reporting and payment of all tax liabilities incurred by any winner as a result of the Sweepstakes, including but not limited to federal, state, and local income taxes, is the sole responsibility of the winner. All federal, state, and local laws and regulations apply. The winner may be required to provide his/her Social Security Number for tax reporting purposes. The winner may also be required to complete applicable tax documents and return them to Sponsor. The Prize is awarded AS IS and WITHOUT WARRANTY OF ANY KIND, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The winner may waive his/her right to receive the Prize. No substitution of the Prize will be permitted, except by Sponsor, which may substitute a prize of equal or greater value if the advertised Prize becomes unavailable. The Prize is non-assignable and non-transferable and may not be redeemed for cash. Odds of winning will be dependent upon the number of entries received. The odds of winning will be the same, whether the entry was received online or via regular mail. Total approximate retail value of all Prizes awarded is $33.96
6. DRAWING: A random drawing among all eligible entries submitted properly prior to the expiration of the Sweepstakes Period will be held on May 11, 2023 in order to select one (1) potential winners. The potential winner may also be required to sign an affidavit of eligibility, a liability release, a publishing rights release, and/or a publicity release (where permitted by law) (the “Eligibility Documents”). If potential winner cannot be reached within 10 business days from the first notification attempt, or in the event of noncompliance with these Official Rules, or in the event of non-completion of the Eligibility Documents within the time prescribed herein, or if the Prize notification is returned as undeliverable, or if the potential winner rejects the Prize, the Prize will be forfeited and, at Sponsor’s sole discretion, an alternate winner may be selected via a random drawing of all remaining eligible entries. In the event that an eligible winner cannot be identified, a further potential winner will be selected among the remaining eligible entries on May 12, 2023. Upon Prize forfeiture, no compensation will be given. The Prize will be shipped to the winner at the provided mailing address. Sponsor is not responsible for, and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winner, for any communication from participant to Sponsor which is late, lost, misdirected, or unsuccessful, or for any change of the winner’s contact information. The potential winners will be subject to all requirements set forth in these Official Rules. The potential winners are subject to verification, including verification of AGE AND RESIDENCY, by sponsor WHOSE DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A PARTICIPANT IS NOT A WINNER OF THE PRIZE, EVEN IF THE SWEEPSTAKES SO INDICATES, UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILTY HAS BEEN VERIFIED. SPONSOR WILL NOT ACCEPT EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
7. LIMITATION OF LIABILITY: By entering the Sweepstakes, all participants agree to these Official Rules and all eligibility requirements and all decisions of Sponsor. BY ENTERING THE SWEEPSTAKES AND/OR ACCEPTING THE PRIZE, EACH PARTICIPANT AGREES THAT THE SPONSOR, AFFILIATES OF SPONSOR, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, ITS “REPRESENTATIVES”), WILL HAVE NO LIABILITY WHATSOEVER TO THE PARTICIPANT FOR, AND WILL BE HELD HARMLESS BY THE PARTICIPANT FOR, ANY LIABILITY, CLAIMS, INJURY, LOSS, OR DAMAGE OF ANY KIND, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, INCLUDING WITHOUT LIMITATION, CLAIMS ARISING OUT OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, CLAIMS ARISING OUT OF THE PARTICIPANT’S PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, CLAIMS BASED ON INTELLECTUAL PROPERTY RIGHTS, PUBLICITY RIGHTS, PRIVACY, OR DEFAMATION, OR CLAIMS BASED ON THE NEGLIGENCE OF SPONSOR. Sponsor is not responsible if Sweepstakes cannot take place or if any Prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism, or any other acts or events beyond its control. Participants further agree that Sponsor is not responsible for: 1) any incorrect or inaccurate information, whether caused by participants, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; 2) technical malfunctions or failures of any kind, including without limitation, malfunctions, interruptions, traffic congestion, or disconnections in the telephone network, computer online system, computer dating mechanism, computer equipment, software, servers, providers, or any combination thereof; 3) unauthorized human intervention in any part of the Sweepstakes, including theft, destruction, or unauthorized access to, or alteration of, entries; 4) technical or human error which may occur in the administration of the Sweepstakes or the processing of the entries; or 5) any injury, damage, or loss to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes, or receipt, possession, acceptance, and/or use or misuse of any Prize.
8. DISCLAIMER: If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of the Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with or abuses any aspect of the Sweepstakes, and/or to cancel, terminate, modify or suspend the Sweepstakes, or any portion thereof. In the event of early termination or cancellation of the Sweepstakes, Sponsor may, in its sole discretion, choose not to award the Prize, or to award such Prize to individuals selected at random from the pool of eligible entrants received up to the point of termination or cancellation. In no event will more Prizes be awarded that those listed in these Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. RELEASE: BY PARTICIPATING IN THIS SWEEPSTAKES, THE PARTICIPANT ACKNOWLEDGES THAT THE DETAILS OF HIS/HER ENTRY MAY BE USED IN SPONSOR’S ADVERTISING AND MARKETING MATERIALS, IN SPONSOR’S SOLE DISCRETION. Specifically, by entering the Sweepstakes, the participant agrees that the Sponsor and its Representatives, and those acting under the authority of the Sponsor or its Representatives may use (or refrain from using) information from the participant’s entry for any and all advertising and promotional purposes in any and all media now known or hereafter invented (including but not limited to digital and print media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor, unless prohibited by law, in conjunction with this Sweepstakes and similar promotions without notice to the participant. Further, submission of an entry grants the Sponsor and its Representatives the exclusive right to use, edit, illustrate, abridge, modify, and publish the entry, including any comments or photographs, in any way for any and all purposes in any and all media whether now known or hereafter invented (including but not limited to print and digital media) without territorial or time limitations and without further consideration, at the sole discretion of the Sponsor. The participant will have no right of approval, no claim to any compensation, or no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the participant’s entry. By submitting an entry, the participant agrees that the submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation. Sponsor is free to disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to the participant. Participant acknowledges that by acceptance of his/her entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the participant. Finally, by accepting the Prize, the winners agree that the Sponsor and its Representatives may use (or refrain from using) the winner’s name, biographical, pictures, video, or any other digital representation thereof, whether now in existence or created in the future for any and all advertising and promotional purposes in any and all media now known or hereafter invented without further consideration, at the sole discretion of the Sponsor, unless prohibited by law, without notice to the winner.
10. GENERAL: ENTRIES POSTED BY SPONSOR ARE THE VIEWS AND OPINIONS OF THE INDIVIDUAL PARTICIPANT, AND DO NOT REFLECT THE VIEWS OF THE SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to participants. Participant warrants and represents that his/her entry does not infringe upon the copyrights, trademark rights, rights of privacy, publicity, or other intellectual property, or other rights of any person or entity, and that any publication of the entry via various media outlets, including Internet posting, will not infringe on the rights of any third party. Each participant or winner further agrees to indemnify and hold Sponsor and its Representatives harmless from any claims arising from Sponsor’s use of the participant’s or winner’s entry.
11. OFFICIAL RULES AND WINNERS: These Official Rules will be posted in the comments of the post on Friday, May 5th. The name of the winner(s) will be posted in the comments of the post on Thursday, May 11th.
12. COLLECTION OF INFORMATION: Participants agree that personal data, for example, name and address, may be processed, including metadata (i.e. geolocation information associated with the Entry), shared, publicly disclosed, and otherwise used in furtherance of and for purposes within the context of the Sweepstakes and any other purposes outlined in these Official Rules. For example, it may be used by Sponsor in order to verify the participant’s identity, email address, postal address, and telephone number or to otherwise verify the participant’s eligibility to participate in the Sweepstakes. Sponsor will not sell or rent the participant’s data to third parties, but Sponsor cannot control, and assumes no obligation or responsibility for, others’ appropriation or use of any data Sponsor may disclose in connection with this Sweepstakes.
13. RIGHT OF NON-PARTICIPATION: Pursuant to federal law, any participant has the right to notify the Sponsor that he/she does not wish to be contacted by the Sponsor regarding any future sweepstakes, contests, or mailings and that Sponsor may not use any information provided to it by such participant for any purposes other than as needed for this Sweepstakes. Additionally, any participant has the right to opt out of the Sweepstakes at any time by providing such notice to Sponsor.
14. GOVERNING LAW AND JURISDICTION: Except where prohibited, all participants agree that: 1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a state or federal court having venue in Saint Louis City, Missouri; 2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, if any; and 3) under no circumstances will participant be permitted to obtain awards for, and each participant 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 participant and the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.