MANDATORY DISCLOSURES FOR ADVERTISING
No Purchase Necessary To Enter or Win. Open to legal residents of the 50 United States and D.C., age 18 or older. Void where prohibited by law. Sweepstakes starts at 9:00 AM ET on January 1, 2019 and ends at 5:00 PM ET on September 1, 2019. Sponsored by W.F. Young, Inc., d/b/a Absorbine, 302 Benton Drive, East Longmeadow, MA 01028.
THE WIN A DREAM RIDING VACATION TERMS & CONDITIONS
Sponsor: The Win a Dream Riding Vacation Sweepstakes (“sweepstakes”) is sponsored by W.F. Young, Inc., d/b/a Absorbine, 302 Benton Drive, East Longmeadow, MA 01028 (“Sponsor”).
Sweepstakes Entry Period: The Contest starts at 9:00 AM Eastern Time (“ET”) on 1/1/19 and ends at 5:00:00 PM ET on 9/1/19 (“Contest Entry Period”).
Eligibility: Sweepstakes open only to legal residents of the 50 United States or the District of Columbia 18 years of age or older at time of entry. Employees of Sponsor, W.F. Young, Inc. and their respective officers, and directors and members of their immediate families [(spouse, parents, siblings and children) or households] are not eligible to participate. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
How to enter: During the Sweepstakes Entry Period go to absorbine.com/dreamvacation. There, you will be required to view a portion of a video showing the features and benefits of the new ShowSheen and UltraShield packaging after which entry will be permitted via entry form.
Grant of License: Entrants retain ownership of the Entries submitted in this Sweepstakes. However, by entering you grant Sponsor and any organizations affiliated with Sponsor, the perpetual, fully-paid, irrevocable, exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, digitize, otherwise use, and permit others to use and perform throughout the world the Entry, and any elements thereof, in any manner, form, or format now or hereinafter created and for any purpose, including, but not limited to, advertising or promotion, including on Sponsor’s website, app or social media platforms owned or managed by Sponsor, all without further consent from or payment to you, a Third Party Participant, Identified Persons, or any other person or entity (“License”). The Entry may be published and posted online but you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of a Entry has no bearing on whether that Entry will be selected as a winner. You will hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in the Entry you submit.
Selection of Winner: The winner will be selected at random from the total of all valid entries using a random number generator.
Winners Notification: The potential winner will be notified on or about 9/1/19 by Sponsor via the email provided in the entry. A release and affidavit of illegibility will be sent at this time. The winner will have to email Sponsor within 5 days of notification in order to claim the prize and execute an affidavit of eligibility and the release (“Release”) within 14 days of the date on the Release to be eligible to be awarded the prize. If the selected winner does not respond to the winner notification or does not return the executed Release within 14 days, or if an Entrant is otherwise found to be ineligible, or if the potential winner cannot accept or receive the prize for any reason, the potential winner will forfeit the prize and another winner will be selected at random from the remaining entrants. Acceptance of prize constitutes permission (except where prohibited by law) to use winner’s name, city and state, province or country where winner is located and likeness for promotional purposes without further compensation.
Prize: One prize will be awarded of a 4 day, 3 night horseback riding vacation up to $5,000 in value (US Dollars). The trip includes (within the $5,000 limit): round-trip coach air transportation for two to and from a major commercial airport in the United States, near the winner’s primary residence and the Location, as determined by Sponsor; 3-nights accommodations (one double occupancy room and room tax only); meals, and horseback riding. All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation (not specifically delineated), beverages, additional hotel amenities or fees and gratuities, are the responsibility of winner and traveling companion. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Sponsors shall not be liable for any loss or damage to baggage and/or personal property. All travel dates are subject to change in Sponsors’ sole discretion. If actual value of prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded. Travel, hotel and other accommodations subject to availability. Winner and traveling companion must travel on same itinerary. Travel companion must be of the age of majority unless the winner is travel companion’s parent or legal guardian. Certain blackout dates and material restrictions may apply. If horseback riding or sightseeing is not available due to inclement weather conditions or other reasons, the Sponsor’s sole responsibility will be to award the remaining elements of the prize. Arrangements for the fulfillment of the prize will be made by Sponsor through Active Travel Inc. Arrangements must be made through Active Travel Inc. by December 31, 2019. The prize is non-transferable and no substitution by winner or cash equivalent is allowed. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. All fees, federal, state, local or other expenses relating to the use, acceptance and possession of prize are the sole responsibility of the winner. An IRS form 1099 will be awarded in the name of the winner for the retail value of the total prize awarded.
Conditions: By participating, Entrants agree to be bound by the Official Rules of this Sweepstakes and the decisions of the Judges which are final and binding. The Sponsor reserves the right, in its sole discretion to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that Entrant has not complied with the Official Rules or has interfered, in Sponsor’s sole opinion, with the proper conduct of the Sweepstakes. Entrants on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sponsor, Lumina Media, LLC, Facebook, Inc. (“Facebook”), as well as their respective employees, officers, directors and agents (“Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if the parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Sweepstakes or use or misuse of any prize, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the information or any parts thereof), (j) any technical malfunctions or unavailability of any website, app, social media platform or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sweepstakes Entities or by an entrant, (k) interruption or inability to access the Sweepstakes, any website, app, social media platform or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of Sponsor, or any of its agents or employees, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees, or (r) the negligence or willful misconduct by Entrant. Sponsor reserves the right to permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules and terminate the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select the finalist or winner from among all eligible Entries or finalists received prior to termination. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of an Entry Sponsor reserves the right to disqualify the Entry. By participating, Entrant acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in an Entry which is otherwise not protected by law or was previously known to Sponsor or developed by their respective employees, or obtained from sources other than the Entrant. If fewer qualified Entries are received than the stated number of finalists, Sponsor may name a fewer number of finalists or cancel the Sweepstakes in its sole discretion. In the event of a dispute as to who an entrant is, the authorized account holder of the email address used to register on Facebook will be deemed to be the entrant. 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. The potential winner may be required to show proof of being the authorized account holder. Each potential winner may be required to show proof of being the authorized account holder.
Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the 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 Commonwealth of Massachusetts. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Hampden County in the Commonwealth of Massachusetts. The parties agree not to raise the defense of forum non conveniens.
Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL 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. 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
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of any such provision.
Winner’s list: For the names of the winner (posted online and available within 30 days after the Contest ends), mail a self-addressed, envelope to Absorbine, Win a Dream Riding Vacation Sweepstakes Winner’s List, 302 Benton Drive, East Longmeadow, MA 01028 no later than 60 days after the Sweepstakes ends.
This Sweepstakes is not sponsored, endorsed or administered by Facebook, nor is Facebook associated with the Sweepstakes in any way. In cases where the Sweepstakes was advertised on Facebook, you understand that you are providing information to Sponsor, and not to Facebook. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor and not to Facebook. Facebook is a registered trademark of Facebook.
Please contact Absorbine Customer Service with any questions: 1-800-628-9653