HERO MIGHTY PATCH BIRTHDAY GIVEAWAY
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The Hero Mighty Patch Birthday Giveaway (the “Giveaway”) entry period begins at 12:00 PM Eastern Time (“ET”) on July 14, 2023 and ends at 11:59 PM ET on July 16, 2023 (the “Entry Period”), when all entries must be received. Eastern Time shall control for all purposes of this Giveaway. Sponsor’s designated clock shall be the official timekeeper for the Giveaway. The Giveaway is governed by these Official Rules and is subject to all applicable federal, state and local laws. Void where prohibited.
1. Eligibility. The Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry. Proof of residency and age may be required prior to award of any prize. Employees of Church & Dwight Co., Inc. (“Sponsor”) and its subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. In order to enter the Giveaway or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Giveaway.
2. How to enter. During the Entry Period, to receive one (1) entry into the Giveaway, (i) follow @herocosmetics on Instagram, (ii) like the Giveaway post on the @herocosmetics Instagram account (the “Post”), and (iii) tag one (1) friends in the comment section of the Post (the “Entry”).
ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET ON JULY 16, 2023. Although it is free to enter, standard data rates and charges may be incurred if you use your mobile device to enter the Giveaway. Limit one (1) Entry per person throughout the entire Entry Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries will be deemed to have been submitted by the authorized account holder of the email address associated with the Instagram account from which entry is made at the time of the entry. “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 organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses or Instagram accounts is prohibited and any such entries will be deemed void and disqualified. All submissions become the property of Sponsor upon receipt and will not be acknowledged or returned.
3. Random Drawing; Odds of Winning. After the close of the Entry Period, on or about July 17, 2023, sixty (60) potential winner(s) will be selected in a random drawing from all eligible entries received. Odds of winning depend upon the total number of eligible entries received.
4. Prize. Each winner will receive a prize package consisting of: one (1) Mighty Patch Original, 36 count (approximate retail value (“ARV”): $12.99). Any and all federal, state and local taxes on the prize are the sole responsibility of the winner. If prize or any portion thereof is not accepted, is unclaimed or unused by a winner, it will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of prize is in U.S. dollars.
5. Winner Notification. The potential winner(s) will be announced on the Post and/or contacted via Instagram direct message and may be required, in Sponsor’s discretion, to complete and return a Declaration or Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date or within the time frame specified by Sponsor or an alternate winner may be selected. If potential winner is under the age of majority in winner’s state of legal residence, the Affidavit must be executed on its behalf by its parent or legal guardian. In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or winner notification or Affidavit is returned as undeliverable, (b) a potential winner declines or cannot accept, receive or use the prize for any reason, (c) of noncompliance with the above or within any of the aforesaid time periods, (d) a potential winner is found to be ineligible to enter the Giveaway or receive the prize, (e) a potential winner cannot or does not comply with the Official Rules, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Giveaway and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received.
7. No Tampering; Right To Cancel; Modify. Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors and members shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, spam filters, privacy settings, inactive email or social media accounts or an entrant’s failure to monitor its spam folders and/or email and/or social media accounts; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, epidemic, pandemic or outbreak of communicable disease, quarantine, national, regional or state of emergency or emergency disaster, weather or any other event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Giveaway, or with any website promoting the Giveaway; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses/Instagram accounts or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Giveaway promotion, including the entire Giveaway promotion, and/or modify the Giveaway and/or, in the event of termination, award the prizes in a random drawing from all eligible entries received as of the termination date.
8. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Giveaway, entrants and winner(s) agree to release and hold harmless Sponsor, Meta Platforms, Inc., Instagram, and their respective parent companies, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors and members (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Giveaway, or possession, acceptance and/or use or misuse of the prize or participation in any Giveaway-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Giveaway. Entrants and winner(s) acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Giveaway, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. In addition, any dispute relating to the Giveaway (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Mercer County, New Jersey. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and 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 further waives any and all rights to have damages multiplied or otherwise increased.
9. Sponsor: Church & Dwight Co., Inc., 500 Charles Ewing Blvd., Ewing, NJ 08628. This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. Any and all questions, comments or complaints regarding the Giveaway must be directed to Sponsor, not Instagram.
10. Winner List. To obtain a copy of the winner’s list, available after July 17, 2023, send a self-addressed, stamped envelope to: Hero Mighty Patch Birthday Giveaway, Church & Dwight Co., Inc., 500 Charles Ewing Blvd., Ewing, NJ 08628, for Sponsor’s receipt by August 4, 2023.