NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS NOT A GAME OF CHANCE. Winners will be chosen based on the stated judging criteria.
The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. You are providing your information to Sponsor, and not to Facebook
Help us celebrate how you Make Health Happen by submitting a photo and creative caption showing how you partake in healthy actions in your community. (PLEASE NOTE: Only you and/or your children or legal wards may be depicted in the photos. See additional submission criteria below.)
Hyland’s, Inc., 210 West 131st Street, Los Angeles, CA 90061. “Sponsor” shall mean Hyland’s, Inc., its advertising/promotional and/or fulfillment agencies and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents.
This Contest is open to legal U.S. residents physically residing in the 50 United States (includes DC) who are eighteen (18) years of age or older and have reached the age of majority in their state of residence as of March 1, 2017. Employees of Hyland’s, Inc., and each of its respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the “Contest Entities”) and the immediate family members and persons living in the same household of each are NOT eligible. Contest is subject to all federal, state, and local laws and regulations. Void in Puerto Rico and wherever prohibited or restricted by law.
4. SUBMISSION PERIOD
The Contest begins at 9:01 AM Pacific Time (PT) on March 1, 2017 and ends at 11:59 p.m. PT on March 31, 2017 (the “Entry Period”). Sponsor is not responsible for lost, late, illegible, corrupted, or misdirected entries.
5. HOW TO ENTER
To enter: Go to the Sponsor’s Web site page at http://www.hylands.com/healthmakers/making-health-happen and complete and submit the entry form there, including uploading your photo submission and your creative caption. Entrants may submit multiple entries, but each entry must have a unique photo and unique caption. Duplicate submissions with be disqualified. Sponsor is not responsible for failure to see or receive an Entry. Please see Entry Criteria below for additional guidelines and restrictions.
PLEASE NOTE: Photo entries may be made available for public viewing on the Internet. Specifically, Sponsor may display photos on a gallery page located on the Hyland’s Web page at http://www.hylands.com/healthmakers/making-health-happen.
6. ENTRY CRITERIA
The person(s) depicted in photos is limited only to you (the entrant) and/or your child(ren) or legal ward(s). No other persons may be depicted. Entry must be entrant’s original creation and may not include copyrighted, trademarked, patented or previously published material. Entry requiring license or usage rights from any third party is not eligible. Entry may not display any trademarked or copyrighted brand names/logos, except those of Sponsor’s brands. If necessary, entrants should use their toolbar to blur out any brand names, logos, or trademarks. Entry cannot defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary, or intellectual rights. Entry cannot contain illegal or unlawful material, and must not promote bigotry, racism, harm, or discrimination. Entry must be consistent with Sponsor’s reputation in the marketplace and must be suitable for audiences of all ages. Entries which, in Sponsor’s or judges’ sole discretion, contain any type of vulgarity or objectionable content will be disqualified. Entries that do not meet these stated criteria, or entries that (in Sponsor’s sole discretion) may technically meet the stated criteria but do not reflect the intent and the spirit of the contest, are not eligible.
Entry constitutes entrant’s certification that s/he (i) is the owner of the entry, (ii) is able and authorized to submit it, and (iii) has received the consent of anyone pictured. By submitting entry, entrant agrees to indemnify and hold harmless Sponsor, Facebook, and its parent companies, subsidiaries, affiliates, sales representatives, agencies, retailers, wholesalers, distributors and promotional and other vendor agencies involved in this contest from any and all claims, damages, expenses, costs (including reasonable attorney fees) and liabilities (including settlements), resulting from or relating to entrant’s submission, or any information supplied or represented to Sponsor by entrant.
7. WINNER SELECTION CRITERIA AND NOTIFICATION
When the Entry Period ends on March 31, 2017, judges will select one (1) winner based on the criteria outlined below. In the event of a tie, the judges will select the tied entry that best represents the criteria as a whole. Judges will be a group of Sponsor employees or agents. Judging will be completed on or about April 17, 2017. Entries will be evaluated based on the following criteria:
- Adherence to the HealthMaker “Making Health Happen” theme (35%)
- Creativity of photo caption (15%)
- Demonstration of healthy and inspiring activity (photo conveys a healthy lifestyle, e.g., hiking, biking, eating healthy, yoga, or other wellness-related activities) (35%)
- Quality of the photo (e.g., lighting, focus, photographic interest) (15%)
8. WINNER SELECTION CRITERIA AND NOTIFICATION
Odds of winning depend on the number of entries received and the quality of the entries as evaluated by the judges. Winner will be notified by e-mail sent to the e-mail address provided on the entry form. Winner notification is expected to be sent on or about April 18, 2017. Winner will be required to respond within five (5) days with his/her mailing address for delivery of the prize, or the prize will be forfeited and an alternate winner will be chosen. Affidavit of eligibility, prize acceptance form, tax information, publicity release, and/or mutually acceptable liability releases may be required and, if so, must be returned within reasonable specified time or prize will be forfeited and alternate winner chosen.
9. PRIZES AND APPROXIMATE RETAIL VALUES (ARV)
The entry that receives the highest total score based on the criteria outlined above will receive the following prize package.
- $50 VISA Gift Card –ARV $50
- Hyland’s Baby Calming Tablets - $9.70
- Hyland’s Baby Mucus + Cold Relief - $11.99
- Hyland’s Baby Nighttime Mucus + Cold Relief - $11.99
- Hyland’s Baby Tiny Cold Tablets - $12.99
- Hyland’s Baby Nighttime Tiny Cold Tablets - $13.59
- Hyland’s 4 Kids Cold ’n Cough Day & Night Value Pack - $17.39
- Hyland’s 4 Kids Cold ’n Mucus Day & Night Value Pack - $17.39
- Hyland’s 4 Kids Cold ’n Cough Grape Flavor - $9.99
- Hyland’s 4 Kids Cold ’n Cough Nighttime Grape Flavor - $10.49
- Hyland’s 4 Kids Tummy Ache - $8.39
Total ARV of Prize Package: $173.91
Taxes on prizes are the sole responsibility of the winner. Gift card subject to terms and conditions listed on gift card. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s and/or service providers terms and conditions, and winner agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Prizes are non-transferable and no substitution or cash equivalent is allowed except in Sponsor’s sole discretion. Sponsor reserves the right to substitute prizes of the same approximate retail value. Prize consists only of items specifically listed as part of the prize. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees, and other expenses incurred by accepting the prize, are the sole responsibility of the winner. Limit one (1) prize per person. Prizes will be fulfilled two to four weeks after the end of the Contest. Any prize returned as undeliverable will be forfeited, and an alternate winner will be selected, time permitting.
10. ASSIGNMENT OF RIGHTS
As a condition of prize award, potential winning entrants’ entry submissions become the property of the Sponsor and will not be returned. Entrant agrees that, as a condition of any prize award, all rights, title and interest in his or her entry will be transferred exclusively to Sponsor, and agrees to execute any additional written authorization, assignment or other papers requested by the Sponsor in connection with the transfer and assignment of rights to his/her entry submission, and any such written papers requested will be required as a condition of obtaining prize, or alternative winners will be selected using the process described above.
11. PUBLICITY RELEASE
By entering, entrants authorize the Sponsor to post their photo entries on the Sponsor’s webpage for viewing by a world-wide audience. Except where prohibited, acceptance of a prize constitutes winners’ consent that his or her name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent. Submission of content to be posted online constitutes permission for same.
12. GENERAL CONDITIONS
By participating in this Contest, participants agree: (a) to be bound by these Official Rules and that any dispute with regard to the conduct of this Contest, rule interpretation, or award of prize shall be submitted to Sponsor, whose decisions shall be binding and final, (b) to release and hold harmless Sponsor, Facebook, and the Contest Entities and their respective agents from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related to their participation in the Contest and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (c) to be contacted by Sponsor via e-mail for purposes of Contest administration. Sponsor has the right but not the obligation to post any submission for worldwide viewing on the internet.
Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Contest or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel or suspend this Contest, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Contest as contemplated by these Official Rules. If for any reason Sponsor is prevented from continuing with this Contest, or if the integrity and/or feasibility of the Contest is severely undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without further obligation. If Sponsor in its discretion elects to so abbreviate the Contest, Sponsor reserves the right, but not the obligation, to award the prize from among all eligible entries received to date. All entries are the property of Sponsor and are not returnable.
This Contest is intended for viewing in the United States only and shall be construed and evaluated only according to United States law. Do not enter this Contest if you are not located in the United States. The use of any automated devices in connection with this Contest is prohibited. If for any reason the Contest is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Contest or web site, and to cancel, terminate, modify, or suspend the Contest without notice and to select the winner from all eligible Entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Web site, theft or destruction, or unauthorized access to, or tampering with or hacking of website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST 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.
EACH ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT IN LOS ANGELES, CALIFORNIA; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES AND (3) 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. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND THE SPONSOR IN CONNECTION WITH THIS CONTEST SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION), THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF CALIFORNIA.
14. WINNER’S LIST
For a winners list, please send an email with the subject line "Hyland’s Making Health Happen Contest" to firstname.lastname@example.org.