Allergan Juvéderm – Trick Or Treat It – Win be awarded in the form of a check
OFFICIAL RULESTHE JUVÉDERM® TRICK OR TREAT IT SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The JUVÉDERM® Trick or Treat It Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States, including the District of Columbia, who are age eighteen (18) or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Licensed Healthcare Providers, Customers, Employees, and Contractors of Allergan, Inc. (the “Sponsor”), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. People enrolled in Medicare, Medicaid, or other federal or state healthcare programs are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
SWEEPSTAKES TIMING: The Sweepstakes begins on Wednesday, October 9, 2019, 2019 and ends on Thursday, November 7, 2019
(the “Sweepstakes Period”) and consists of two (2) periods, the Sweepstakes Registration Period and the Treatment Period, as
defined in the chart below.
Sponsor’s computer is the time-keeping device for this Sweepstakes.
SPONSOR: Allergan, Inc., 2525 Dupont Drive, Irvine, CA 92612.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625.
HOW TO ENTER: There are two (2) ways to enter.
Method #1: JUVÉDERM® Treatment Entry.
Step One: You must first register for the Sweepstakes online between 12:00:01 AM ET on Wednesday, October 9, 2019 and 11:59:59 PM ET on Thursday, October 31, 2019. During the Sweepstakes Registration Period, register for the Sweepstakes by visiting https://www.brilliantdistinctionsgiveaway.com/trick-or-treat-it and follow the instructions to complete and submit the sweepstakes registration form (the “Sweepstakes Registration”). By submitting a Sweepstakes Registration, you are agreeing to become a
Brilliant Distinctions® Rewards Member. It is free to become a Brilliant Distinctions® Rewards Member. See https://www.brilliantdistinctionsprogram.com/ for details. If you are already a Brilliant Distinctions® Rewards Member, you may register for the Sweepstakes by completing and submitting the Sweepstakes Registration.
Step Two: During the Treatment Period, purchase and receive a JUVÉDERM® treatment (the “Treatment”) from a qualified specialist that participates in Brilliant Distinctions® (the “Provider”) and ensure your Provider records your Treatment in your Brilliant Distinctions® account between October 9, 2019 and November 7, 2019 to receive one (1) sweepstakes entry (the “Treatment Entry”). To find a Provider near you, visit https://www.juvederm.com/find-a-specialist.
Treatment Entries must be received between Wednesday, October 9, 2019 and Thursday, November 7, 2019. If your Treatment Provider determines that you are not eligible or do not qualify for a JUVÉDERM® treatment or you would like to enter without purchasing a JUVÉDERM® treatment, you may enter by mail, as described below.
Method #2: Free, Alternate Method of Entry (“AMOE”) / Mail-in Entry. If you are not eligible or do not qualify for a JUVÉDERM® treatment or would like to enter without purchasing a JUVÉDERM® treatment you may enter by mail. To enter by mail (the “Mail-In Entry”):
Step One: You must first register for the Sweepstakes online between 12:00:01 AM ET on Wednesday, October 9, 2019 and 11:59:59 PM ET on Thursday, October 31, 2019. During the Sweepstakes Registration Period, register for the Sweepstakes by visiting https://www.brilliantdistinctionsgiveaway.com/trick-or-treat-it and follow the instructions to complete and submit the sweepstakes registration form (the “Sweepstakes Registration”). By submitting a Sweepstakes Registration, you are agreeing to become a Brilliant Distinctions® Rewards Member. It is free to become a Brilliant Distinctions® Rewards Member. See https://www.brilliantdistinctionsprogram.com/ for details. If you are already a Brilliant Distinctions® Rewards Member, you may register for the Sweepstakes by completing and submitting the Sweepstakes Registration.
Step Two: Mail a postcard, including your name, complete address, phone number and the email address associated with your Brilliant Distinctions® account to the following address to receive one (1) entry (“Mail-In Entry”) into the Sweepstakes: The JUVÉDERM® Trick or Treat It Sweepstakes, 625 Panorama Trail, Suite 2100, Rochester, NY 14625-2437. Each Mail-In Entry must be mailed separately and must be postmarked between Wednesday, October 9, 2019 and Thursday, November 7, 2019 and received by Thursday, November 14, 2019. Photocopied, illegible, or mechanically reproduced entries are not eligible. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.
Treatment Entry and Mail-In Entry collectively referred to herein as “Entry” or “Entries”.
Limit: Regardless of the method of entry, there is a limit of one (1) Entry per person. All methods of entry have an equal chance of winning. All Entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize (“Grand Prize”) available to be won. One (1) Grand Prize winner (“Grand Prize Winner”) will receive twenty-five thousand dollars ($25,000). Grand Prize to be awarded in the form of a check. The ARV of Grand Prize: $25,000.
Runner-Up Prizes: There are fifty (50) Runner-Up Prizes (each, a “Runner-Up Prize”) available to be won. Each Runner-Up Prize winner (each, a “Runner-Up Prize Winner”) will receive five hundred dollars ($500). Runner-Up Prizes will be awarded in the form of a check. The ARV of each Runner-Up Prize: $500. The total ARV of all prizes available to be won: $50,000. Odds of winning will depend upon the total number of eligible Entries received. There is a limit of one (1) prize per person.
RANDOM DRAWING: The potential Grand Prize Winner and Runner-Up Prize Winners will be selected in a random drawing on or about Friday, November 15, 2019 from among all eligible Entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION & VERIFICATION
Grand Prize: The potential Grand Prize Winner will be notified via email and/or phone, and will be required to sign and return, within three (3) days notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, the “Releases”). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected. Only one (1) alternate Grand Prize Winner may be determined through this process, after which the prize may remain un-awarded.
Runner-Up Prizes: The potential Runner-Up Prize Winners will be notified via email and/or phone, and will be required to sign and return, within three (3) days notification, an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release (collectively, the “Releases”). Noncompliance will result in disqualification and an alternate winner may be selected. Only one (1) alternate Runner-Up Prize winner per Runner-Up Prize may be determined through this process, after which the prize may remain un-awarded.
Prizes will be awarded within forty-five (45) days of winner verification.
If a notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules, that winner will be disqualified.
PRIZE CONDITIONS: Prizes are not assignable nor transferable. No exchange or substitution of prizes are permitted, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Grand Prize Winner and Runner-Up Prize Winners are responsible for all federal, state, local and income taxes associated with winning the prize. The Grand Prize Winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, Entry and acceptance of Grand Prize or Runner-Up Prize constitutes permission to use winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Although subsequent attempts to enter 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, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in this Sweepstakes, and the acceptance and use/misuse of the prizes offered. Grand Prize Winner and Runner-Up Prize Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prizes. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prizes.
In the event of a dispute over the identity of an entrant, Entry will be deemed submitted by the “Authorized Account Holder” of the email address submitted at time of Sweepstakes Registration. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor’s satisfaction, that such party is the authorized account holder of the email address associated with Entry. 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 or illegible entries; 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 related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE 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 LIMITATION 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 Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, 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.
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 Orange County, California 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 is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. Sponsor and entrant 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. If an in-person hearing is required, then it will take place in Orange County, California. 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 does not apply and the dispute must be brought in a court of competent jurisdiction in Orange County, California. 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).
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.brilliantdistinctionsgiveaway.com/trick-or-treat-it/official-rules or send a self-addressed, stamped envelope by November 15, 2019, to: The JUVÉDERM® Trick or Treat It Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of winners (available after November 15, 2019), send a stamped, self-addressed envelope by December 16, 2019 to: The JUVÉDERM® Trick or Treat It Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S. and wherever else prohibited by law.