"Holiday in the Sun" Sweepstakes Official Rules
Blue Lizard® Australian Sunscreen
“Holiday in the Sun” Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE A COMPUTER OR OTHER DEVICE WITH INTERNET ACCESS IN ORDER TO ENTER. WINNERS WILL BE SELECTED IN RANDOM DRAWINGS FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW AND WHEREVER RESTRICTED IN A MANNER INCONSISTENT WITH THESE OFFICIAL RULES.
The Blue Lizard® Australian Sunscreen Holiday in the Sun Sweepstakes (the “Promotion”) is open only to legal residents of the United States and the District of Columbia who are at least eighteen (18) years old and of the age of majority in their jurisdiction of residence and have internet access, an email account, and a Facebook account at the time of entry. Void where prohibited by law and wherever restricted in a manner inconsistent with these Official Rules. Employees, officers and directors of Crown Laboratories, Inc. or any of their respective parents, affiliates, subsidiaries, members, divisions, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year whether related or not) of each such employee are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize (the Grand Prize and Blue Lizard Prize Package referred to collectively as a “Prize” or “Prizes” depending on the context) is contingent upon fulfilling all requirements set forth herein.
The Sponsor of the Promotion is Crown Laboratories, Inc., 349 Lafe Cox Drive, Johnson City, TN 37604, Phone: 423-926-4413(“Sponsor”).
For the Grand Prize, the Promotion begins on November 21, 2018 at 9 a.m. Eastern Time (“ET”) and ends on December 31, 2018 at 11:59 p.m. ET (the “Grand Prize Promotion Period”).
For the Blue Lizard Prize Package, the Promotion will include a series of ten (10) giveaways that will occur between 12:00:00 AM EST November 22, 2018 and 11:59:00 PM EST, December 24, 2018 (the “the BLPP Promotion Period”). The winners of each of the ten (10) giveaways will be based on ten (10) separate three (3) day submission periods (each, a “Submission Period”). Each Submission Period will last for a 72 hour period that will commence once Sponsor has made the requisite Facebook post on Sponsor’s Facebook page.
The Grand Prize Promotion Period and BLPP Promotion Period are referred to as the “Applicable Promotion Period” depending on the context of these Official Rules. Sponsor’s computer is the official time keeping device for this Promotion.
How To Enter
To enter the drawing for the Grand Prize, visit https://mailchi.mp/938bc67c4894/holidayinthesunsweepstakes (the “Entry Page”) during the Promotion Period and [access the online entry form]. Each eligible entrant will receive one (1) entry into the Promotion upon successful completion and submission of the online entry form. Sponsor reserves the right to contact entrants whose email address is submitted as part of this promotion. Entrants may then choose to opt-out of future email notifications.
Limit of one (1) entry via Website per person during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s other entries and that entrant will be disqualified from winning any Prize. Use of any automated system to participate is prohibited and will result in disqualification.
To enter the drawing for the Blue Lizard Prize Package, make a Facebook post on Sponsor’s Facebook page located at https://www.facebook.com/BlueLizardSunscreen/.
Sponsor is not responsible for and assumes no responsibility for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified; for any computer, software, online, Internet or technological malfunctions, or injury or damage to an entrant’s or any other person's computer related to or resulting from participating in the Promotion; any errors, omissions, incorrect or inaccurate information in any Promotion-related materials howsoever caused; or other errors or problems in connection with or relating to the Promotion. If for any reason the Promotion is not capable of being conducted as contemplated in the Official Rules, including if due to computer virus, bugs, tampering or technical failures which compromise the administration or integrity of the Promotion, Sponsor, in its sole and absolute discretion, reserves the right to terminate or modify the Promotion and amend the Official Rules at any time. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.
Prizes; Winners Selection
Two (2) potential Grand Prize winners will be selected from entries received during the Applicable Promotion Period. A total of two (2) Grand Prizes will be awarded in the Promotion. Odds of winning a Grand Prize depend on the total number of entries received during the Applicable Promotion Period. On or about January 2, 2019, two (2) potential Grand Prize winners will be randomly selected from all eligible entries received during the Promotion Period.
One (1) potential Blue Lizard Prize Package winner will be selected from entries received during the Submission Period during the Applicable Promotion Period. Odds of winning a Blue Lizard Prize Package depend on the total number of entries received during the Submission Period. Within three (3) days of the end of a Submission Period, winners will be randomly selected from all eligible entries received during the Submission Period.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. Verification of Potential Winners
Each potential winner will be notified by email provided at the time of entry in the case of the Grand Prize or Facebook Messenger in the case of the Blue Lizard Prize Package and is required to respond to such notification within three (3) days of the first notification attempt by Sponsor or a party engaged by Sponsor to conduct the Promotion (such party being the “Administrator”). Sponsor and Administrator shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential Prize winner does not respond within three (3) days of the first notification attempt, or if the notification is returned as undeliverable to such potential winner, such potential winner will forfeit his or her Prize and an alternate winner may be selected. Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, a Publicity Release (where legal), and IRS Form W-9 (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to execute and return all Prize Claim Documents within five (5) days of transmission from Administrator, such winner may be disqualified and an alternate winner may be selected.
If any potential Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential Prize winner will be disqualified and an alternate Prize winner may be selected as detailed herein.
TWO (2) GRAND PRIZE WINNERS: The Grand Prize winners will receive a $1000 gift card valid at either Walmart or Target. The Approximate Retail Value (“ARV”) of each Grand Prize is $1,000. Actual value may vary. Any stated difference between the approximate value and actual value of Grand Prize or any substituted prize will not be awarded.
TEN (10) BLUE LIZARD PRIZE PACKAGE WINNERS: Each winner will receive one (1) Blue Lizard Prize Package consisting of one (1) Blue Lizard soft-sided cooler bag, one (1) Blue Lizard tumbler, one Blue Lizard tote bag, one (1) Blue Lizard towel, one (1) plush lizard, two (2) pairs of Blue Lizard sunglasses, two (2) 3 ounce BLUE LIZARD sunscreen tubes (the type (i.e., Sensitive, Face, Kids, Regular, or Sport) to be chosen by Sponsor in its sole discretion), and four (4) Blue Lizard bracelets. The ARV of each Blue Lizard Prize Package is $94.98.
No cash equivalent for the Prizes, Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed Prize for one of equal or greater value for any reason. Winner is solely responsible for all taxes and fees associated with Prize receipt and/or use.
Odds of winning depend on the number of eligible entries received during the Promotion Period. TOTAL ARV OF ALL PRIZES: $2949.80.
Entry Conditions and Release
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and each of their respective parents, affiliates, subsidiaries, members, divisions, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Promotion, and all of their respective past and present officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a entrant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Promotion and/or winner’s acceptance, use or misuse of a Prize. All entrants hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, condition, or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by any prize supplier that may accompany a Prize. EACH ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF PARTICIPATING IN THE PROMOTION, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEYS’ FEES, PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES AND PARTCIPANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply.
Release of Claims (California). Each entrant acknowledges that there is a possibility that, subsequent to his/her involvement with the Promotion and adherence to this Official rules s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by her/him at that time may have materially affected his/her decision to participate in the Promotion. Such entrants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such entrants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Full Release. Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Such entrants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver s/he would not have been permitted to participate in the Promotion or compete for or receive a Prize. Such entrants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.
Except where prohibited by law, each winner consents to Sponsor use of winner’s full name, partial name, likeness, photograph, video recording, audio recording, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. IF ENTRANT IS CHOSEN AS A PRIZE WINNER, ENTRANT’S PERSONALLY IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNERS LIST AS REQUIRED BY STATE LAW.
Sponsor reserves the right to cancel, suspend, terminate and/or modify the Promotion, or any part of it, for any reason, including but not limited to the existence or occurrence of any fraud, technical failure or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event a Prize winner engages in behavior that as determined by Sponsor in their sole discretion is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to cancel delivery of the Prize.
Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any Prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. No more than the stated number of Prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, unawarded, eligible Prize claims.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of, related to, or connected with this Promotion, or any Prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any Prizes awarded, shall be resolved exclusively shall be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. The arbitration shall be held in Johnson City, Tennessee or such other location as entrant and the Sponsor may mutually agree. For more information on the Forum and/or the Forum’s Code of Procedure, please visit its website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 877-655-7755. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO CERTAIN ENTRANTS. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules (whether of the State of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Tennessee.
Privacy; Entrant’s Personal Information
- Construction of Rules; Termination
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Neither Sponsor, the Released Parties, nor anyone acting on their behalf will enter into any communications with any Promotion entrant regarding this Promotion, except as expressly set forth in these Official Rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Except as prohibited by law, Sponsor reserves the right to terminate this Promotion in the event of a force majeure or other failures or difficulties. If, for any reason, the Promotion is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and (iii) award the Prize at random, by a drawing, from among the eligible, non-suspect entries received up to the time of the impairment. Sponsor reserves the right to suspend or modify this Promotion at any time without notice or obligation. If such modification or suspension occurs, Sponsor will make a commercially reasonable effort to post notice of such on Sponsor’s website.
To obtain a copy of the winners list, send a self-addressed stamped envelope to Crown Laboratories, 349 Lafe Cox Drive, Johnson City, TN 37604. Winner’s list requests will only be accepted after the end of the Promotion Period and no later than September 30, 2019. Vermont residents may omit return postage. These Official Rules will be posted at the Website during the Promotion Period.
- No Endorsements
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. In no case and in no way does Crown Laboratories have or imply an endorsement, sponsorship, partnership, or administrative relationship with Facebook, Instagram, Twitter, Pinterest, Youtube or any other third-party company or organization (collectively the “Social Media Parties”) unless otherwise and explicitly stated. Direct any questions/comments/complaints regarding this Promotion to the Sponsor, not to the Social Media Parties. Each Entrant will be providing his/her information to the Sponsor and not to the Social Media Parties. is the Social Media Parties are completely released of liability by each entrant. The information each Entrant provides will only be used for the Promotion