NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Offer valid only in the 48 contiguous United States & the District of Columbia. Void in Hawaii, Alaska, U.S. territories, and where prohibited by law. Subject to all federal, state and local laws, regulations, and ordinances. Sweepstakes begins on July 21, 2023 at 06:00:01 AM Eastern Daylight Time (“EDT”) and ends on August 4, 2023 at 11:59:59 PM EDT (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED NOR ADMINISTERED BY, OR ASSOCIATED WITH META PLATFORMS, INC. OR INSTAGRAM, INC.
ELIGIBILITY: The ZYRTEC® Festival Sweepstakes (the “Sweepstakes”) is open to legal U.S. residents currently residing in the contiguous 48 United States or the District of Columbia who are older than eighteen (18) years of age as of the date of entry. Sweepstakes is void in Alaska, Hawaii, U.S. territories and where prohibited by law. Employees, officers, and directors of Johnson & Johnson Consumer Inc. (“Sponsor”) and each of their respective parents, subsidiaries, affiliates, operators, franchisees and all of their respective advertising, promotion, or fulfillment agencies, promotional partners, and entities involved in the development, implementation, or handling of the Sweepstakes and other persons associated with the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as the immediate family (spouse, parents, siblings, children, step-parents, step-siblings, and step- children, regardless of where they live) and same household members of each such employee, officer, director, or representative (whether or not related) are not eligible to participate in the Sweepstakes. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Sweepstakes or win a prize (“Participant”). All federal, state, and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. All entrants must have access to the internet prior to the start of the Sweepstakes. Sponsor reserves the right to verify the eligibility of winners.
SPONSOR: Johnson & Johnson Consumer Inc., 7050 Camp Hill Road, Fort Washington, PA 19034.
HOW TO ENTER: Prospective entrants must comply with the registration requirements set out below in order to be eligible. There are two ways to enter the Sweepstakes by following the instructions for either the First Option OR the Second Option below for one (1) entry. Alternately, you may enter the Sweepstakes by following the instructions for the First Option AND the Second Option below for a total of two (2) entries:
FIRST OPTION TO ENTER: Follow the links and instructions on the sweepstakes page (https://www.zyrtec.com/zyrtecfestivalsweepstakes) to complete and submit the registration form including your first name and email address and confirm your agreement to these Official Rules. Upon completing the steps under this “First Option to Enter”, you will automatically receive one (1) entry into the Sweepstakes.
SECOND OPTION TO ENTER: You must be a member of Instagram in order to participate. If you do not have an Instagram account, you can get one for free at www.Instagram.com. 1) Follow @zyrtecallergy and 2) comment on a @zyrtecallergy in-feed post using the hashtag #ZYRTECFestivalSweepstakes. Upon completing the steps under this “Second Option to Enter”, you will automatically receive one (1) entry into the Sweepstakes.
You may receive up to two (2) entries into the Sweepstakes by following the instructions above during the Sweepstakes Period. Multiple entrants are not permitted to share the same email or residential address. Any attempt by any entrant to obtain more than the allotted entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. 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 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. Each potential winner may be required to show proof of being the authorized account holder.
By submitting your registration, you agree to receive email marketing communications from Sponsor. You may opt-out of these email communications at any time. Should you choose to opt-out during the Promotion Period your Sweepstakes entry will continue to be valid as long as it meets all other criteria required by these Official Rules. If you have previously opted-out of marketing communications from Sponsor you will not be re-added to Sponsor’s email list.
Additionally, please note that by entering in this Sweepstakes, you signify and agree that your entry and any other materials submitted in connection with this Sweepstakes may be posted on Sponsor’s ZYRTEC® website, and other social media sites or applications associated with the Sweepstakes in a manner that is consistent with these Official Rules. Upon submission of entry in this Sweepstakes, you agree that Sponsor may contact you via social media, including on Instagram by sending you a direct message, tagging you, or naming you on Sponsor’s social media page. Limit two entries (2) entries per person with one (1) entry per Participant’s email address and/or one (1) entry per Participant’s Instagram social media account. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.
By participating in this Sweepstakes, entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Sweepstakes in any online social sharing interaction that references the Sweepstakes or is used to obtain entries in connection with this Sweepstakes. At a minimum, the hashtag “#ZYRTECFestivalSweepstakes” must be included in all social media communications sent pursuant to the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any entrant who does not adequately disclose his or her participation in this Sweepstakes while engaging in any online social sharing interaction during the Sweepstakes Period.
Bulk, automated or third-party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address or Instagram account. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s plays and/or entries, and that participant may be disqualified at ZYRTEC®‘s discretion. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Instagram account 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. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at the Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
SELECTION OF WINNER: On or about Friday, August 5, 2023, Sponsor will conduct a random drawing from among all eligible entries received throughout the Sweepstakes Period to select one (1) potential winner. The odds of winning are based on the number of eligible entries received. The potential Winner will be notified via Instagram or email on or about August 5, 2023 and will be required to log into Instagram or email and then privately provide additional contact information to Sponsor including name, email address so that an Affidavit of Eligibility, Release of Liability/Prize Acceptance Form (collectively, “Prize Documents”) can be sent to the winner to complete and return to Sponsor, and a residential address so that the Prize may be mailed to the potential winner, once qualified. Potential winner will have two (2) days from the date notice or attempted notice is sent in order to claim the prize. If a potential winner of the prize cannot be contacted, fails to provide the requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason or forfeits the prize, Sponsor will use reasonable efforts to award the applicable prize to an alternate winner by random drawing(s) from among all remaining eligible entries. Up to three (3) alternate winners will be selected, after which any remaining prizes may remain un-awarded.
Verification of Potential Winners: ANY AND ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”): One (1) Prize Package will be awarded to Winner. Winner will receive a prize package for the winner and one (1) adult travel companion (age 18 or older) consisting of:
Two (2) tickets of your choosing up to $4,000.00 USD total for winner and one (1) adult travel Companion (18 years or older) (“Companion”) to attend a Music Festival of winner’s preference taking place within the 48 contiguous United States or the District of Columbia before October 31, 2023, which will be subject to availability and purchased for winner and Companion by Sponsor or Sponsor’s agency.
Hotel Accommodation. Winner and Companion to share one (1) standard, single room/double occupancy hotel accommodation (room rate and related taxes only) for up to three (3) nights. Actual hotel location and reservation dates will be solely determined by Sponsor based upon availability and Music Festival dates and times.
Travel Package. Round trip, coach class airfare for winner and Companion to attend the chosen Music Festival by October 31, 2023 on Sponsor’s preferred airline from a major airport within the 48 contiguous United States or District of Columbia nearest the winner’s permanent place of residence as determined by Sponsor or Sweepstakes Entities to festival destination. Airfare shall be used solely by winner and Companion for the purposes of attending the chosen Music Festival on the elected dates. Actual departure date, times and airline based upon availability and will be solely determined by Sponsor. If winner resides within 250 miles of selected Music Festival, in lieu of airfare, Sponsor reserves the right to substitute the round trip coach class airfare for two as described above with a $1,000.00 USD travel stipend towards ground transportation in its sole discretion. Approximate Retail Value (“ARV”) of Hotel Accommodation and Travel Package, jointly, totals up to $3,000 USD.
Winner shall not receive any compensation as substitution or replacement of any portion of the prize other than as specifically set forth within these Official Rules. WINNER IS SOLELY RESPONSIBLE FOR ALL GROUND TRANSPORTATION INCLUDING AIRPORT AND HOTEL TRANSFERS.
One (1) $500 gift card to be used by winner towards travel stipend for ground transportation and/or meals, awarded in the form of a gift card from the Sponsor-designated gift card provider, and subject to the terms and conditions of the issuing gift card provider policy.
Total Approximate Retail Value of Prize Package: up to $7,500. The ARV may vary based upon ticket prices and applicable fees, available accommodation, dates of travel and point of departure. The difference between the ARV and actual value of any and all portions of the Prize, including without limitation Music Festival tickets selected, Hotel Accommodation, and Travel Package, will not be awarded.
All prize- related expenses, including but not limited to, ground transportation to and from winner’s permanent place of residence, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, departure taxes, hotel, resort or property fees, luggage fees, food & beverage and personal expenses (including but not limited to all local, state and federal taxes) not specifically set forth herein are the sole responsibility of winner and/or Companion. Any person who participates in the trip that is not deemed to be a winner or Companion must pay their own expenses. Winner and Companion must travel together on same itinerary. In the event that it is required by applicable state or local laws or by airline or other transportation carrier, winner and Companion must have valid photo ID and CDC issued COVID-19 Vaccination Record Card (as required) and any other required documentation prior to departure. Prize must be used on dates and times specified or prize will be forfeited. Dates are subject to change. Travel is subject to availability. Travel arrangements must be made through Sponsor or an agent of Sponsor and on an airline carrier of Sponsor’s choice.
Sponsor will, in its sole discretion, determine which airport is closest to the winner’s permanent residence. The winner and the Companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain at their own expense, and hereby acknowledge that Sponsor nor Sweepstakes Entities have not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Travel Package). If winner elects to accept the Travel Package without a travel companion, no additional compensation will be awarded. Travel restrictions may apply. If weather or other incident or conditions beyond the control of the Sponsor or Sweepstakes Entities affects the ability for winner and his/her travel companion to redeem any portion of Travel Package during the scheduled date and time, then the Sponsor and Sweepstakes Entities shall have no further obligation to the winner and/or travel companion other than to supply the remaining elements of the prize package minus the unused portion of Travel Package. Sponsor and Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor and Sweepstakes Entities are not liable for expenses incurred as a consequence of Winner’s and/or Winner’s travel companion’s missed flight or flight cancellation/delay. No refund or compensation will be made in the event of the missed, cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the prize winner’s and his/her travel companion(s)’s transportation and such contracts shall be solely between the prize winner, his/her travel companion(s) and such airline or other transportation companies. Trip components issued in connection with the Travel Package may not be eligible for frequent flyer miles, other rewards programs or upgrades. If for any reason whatsoever, winner and/or travel companion are unable to travel after all travel arrangements have been made and paid, the Sponsor and Sweepstakes Entities shall have no further obligation to the winner, except to award any remaining portion of prize unrelated to the Travel Package, subject to any other conditions imposed on winner(s) and set forth in these Official Rules. Winner and travel companion are responsible for obtaining the proper travel documentation (e.g., valid photo ID and/or passport with a minimum validity 6 months after the date of return, and CDC issued COVID-19 Vaccination Record Card (if required)) prior to travel. Winner’s travel companion must be a legal U.S. resident, 18 years or older. Travel companion must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above.
The Music Festival tickets are subject to the terms and conditions specified thereon. If the Music Festival is canceled for any reason, the standard rain-check policies and procedures will apply. Winner and his/her travel Companion agree to abide by any terms, conditions and restrictions provided by the ticket. Further, all other components of the prize are subject to the terms of each respective issuing vendor. Rain-checks for the Music Festival do not guarantee the other components of the Prize (e.g., Hotel Accommodation, Travel Package, etc.) will be available for Winner and/or Companion.
Winner and Companion will be required to comply with all Music Festival, ground transportation, airport and airline carrier, hotel and other prize provider rules and regulations, including all COVID-19 protocols in effect at the time of travel. Failure to do so may result in disqualification and revocation of the prize.
Winner and Companion fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present and you may be required to be vaccinated to participate in the event based on local requirements; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
In the event a winner or Companion engages in behavior that, as determined by the Sponsor or Sweepstakes Entities in either of their sole discretion, is obnoxious or threatening, illegal, that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or Sweepstakes Entities or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor and/or Sweepstakes Entities reserves the right to terminate the trip early, in whole or in part, and send the winner and/or Companion home with no further obligation or compensation whatsoever to winner and/or his/her travel Companion. In the event a winner and/or Companion engages in behavior during travel that, as determined by Sponsor and/or Sweepstakes Entities in either of their sole discretion, is illegal, tortious, or subjects winner and/or Companion to arrest or detention, Sponsor and/or Sweepstakes Entities shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner and/or Companion as a result of such conduct and will result in the forfeiture of any and all prize awards. SPONSOR AND SWEEPSTAKES ENTITIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF TRAVEL PACKAGE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
GENERAL PRIZE CONDITIONS: Non-cash portions of prizes are not redeemable for cash. Prizes are not assignable, substitutable nor transferable. No substitution is permitted by winners. If prize is unavailable, Sponsor and/or Sweepstakes Entities reserve the right to substitute a prize of equal or greater value.
Winners are responsible for all federal, state, local and income taxes as well as any other costs and expenses associated with winning a prize not specified herein as being provided. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor or Sweepstakes Entities. All prize details are at Sponsor’s sole discretion.
PRIZE RESTRICTIONS: Prizes will only be delivered via U.S. Postal Mail to a valid U.S. mailing address. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other Sweepstakes or offer
GENERAL CONDITIONS: Entrants agree to these Official Rules and the decisions of the Sponsor and Sweepstakes Entities, and release and hold Sponsor and Sweepstakes Entities, and each of their respective parents, subsidiaries, affiliated companies, and all other businesses involved in the Sweepstakes, as well as the employees, officers, directors and agents of each (collectively, the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes promotion, and the acceptance and use/misuse of the prize offered (including any travel or activity related thereto). Entrants waive all rights to claim punitive, incidental and consequential damages.
Although subsequent attempts to submit an Entry may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to enter, including Entries submitted with an alternate email address or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant and such Entrant must comply with these Official Rules. Authorized Account Holder means the natural person to whom the email address is registered. Any Entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged, delayed, stolen, garbled, incomplete, inaccurate, or illegible Entries, email, mail or other communications of any kind; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer or other device related to or resulting from participating in the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect Entries or individuals from the Sweepstakes and any Sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prizes from among the eligible, non-suspect Entries received up to the time of the impairment using the winner determination procedure set forth above and/or as otherwise deemed fair and appropriate by Sponsor.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, COMMUNICABLE DISEASES, STATE EMERGENCY ACTIONS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS AND/OR THEIR TRAVEL COMPANIONS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATIONS OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEB SITE 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
PUBLICITY RELEASE. Except where prohibited by law, participation in the Sweepstakes constitutes Winner’s grant to Sponsor the right and permission to print, publish, broadcast, share, tag, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s entry, name, Instagram username, portrait, picture, likeness, opinions and biographical information (including but not limited to hometown and state) for advertising, trade, and promotional purposes (including the announcement of his or her name on social media) without additional consideration, compensation, permission, or notification.
DISPUTES. The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Newark, NJ and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Newark, NJ. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Newark, NJ. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submissions or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submissions. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submissions or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submissions or any material based on or allegedly based on the Submissions, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
OFFICIAL RULES REQUEST: For a copy of the official rules see https://www.zyrtec.com/our-mission/zyrtec-festival-sweepstakes-rules or send a self-addressed, stamped envelope by August 4, 2023 to: Johnson & Johnson Consumer Inc., 7050 Camp Hill Road, Fort Washington, PA 19002, Attn: Zyrtec Summer Festival Sweepstakes.
WINNER CONFIRMATION REQUEST: For the name of the winner (available after August 4, 2023), send a stamped, self-addressed envelope (no later than August 21, 2023) to: Johnson & Johnson Consumer Inc., 7050 Camp Hill Road, Fort Washington, PA 19034, Attn: Zyrtec Festival Sweepstakes.
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