Allergan – Win a grand prize of $25,000 OR 1 of 500 minor prizes
THE BOTOX® COSMETIC $25,000 MOTHER’S DAY GIVEAWAY
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.
SWEEPSTAKES ENTRY PERIOD: The BOTOX® Cosmetic $25,000 Mother’s Day Giveaway (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, April 25, 2019 and ends at 11:59:59 PM ET on Sunday, May 12, 2019 (the “Sweepstakes Period”).Sponsor’s computer is the time-keeping device for this Sweepstakes.
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States (excluding Florida), including the District of Columbia, who are age eighteen (18) or older at the time of entry. Void in Florida, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Licensed Healthcare Providers, Customers, and Employees 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.
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:
If You Are A Brilliant Distinctions® Rewards Member: During the Sweepstakes Period, Brilliant Distinctions® Rewards Members may receive one (1) Sweepstakes Entry by visiting https://www.brilliantdistinctionsgiveaway.com/mothersday and following all entry instructions to complete the entry form and submit (the “Member Entry”).
If You Are NOT A Brilliant Distinctions® Rewards Member: During the Sweepstakes Period, sign up to become a Brilliant Distinctions® Rewards Member by visiting https://www.brilliantdistinctionsgiveaway.com/mothersday and following all entry instructions to complete the entry form and submit to receive one (1) Sweepstakes Entry (the “New Member Entry”). By submitting a New Member Entry, 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.
Member Entry and New Member Entry collectively referred to herein as “Entry” or “Entries”.
Limit: There is a limit of one (1) Entry per person regardless of whether entrant has more than one email address. All entries become the property of the Sponsor and will not be acknowledged or returned.
PRIZE / BRILLIANT DISTINCTIONS® REWARDS PACKAGES / APPROXIMATE RETAIL VALUE (“ARV”) / ODDS:
Grand Prize: There is one (1) Grand Prize (“Grand Prize”) available to be won. One (1) Grand Prize winner (“Winner”) will receive twenty-five thousand dollars ($25,000). Grand Prize to be awarded in the form of a check. The ARV ofGrand Prize: $25,000.
Brilliant Distinctions® Rewards Packages: There are five hundred (500) Brilliant Distinctions® Rewards Packages available. Each Brilliant Distinctions® Rewards Package recipient (each, a “Reward Recipient”) will receive five (5) Brilliant Distinctions® Rewards valued at one hundred dollars ($100) each (each, an “Reward” and collectively, the “Rewards Package”) that can be used following the Reward terms and conditions. The ARV of each Rewards Package is $500.
Standard Brilliant Distinctions® program rules and conditions apply. Rewards Package is nontransferable. The complete value of each Reward must be used in a single transaction, but multiple Rewards can be combined. No balance or refund will be extended for unused portions. A healthcare specialist will decide if Reward Recipient is an appropriate candidate for BOTOX® Cosmetic treatment. If Reward Recipient is an appropriate candidate, the Reward may be applied toward the cost of the Reward Recipient’s BOTOX® Cosmetic treatment. Injection fees
may apply. If Reward Recipient is not an appropriate candidate for BOTOX® Cosmetic treatment, reward may be applied towards the treatment and/or purchase of any products in the Brilliant Distinctions® Portfolio at a participating provider’s office. Reward recipient will earn Brilliant Distinctions® Points on qualifying treatments and purchases. Rewards can be combined with standard Brilliant Distinctions® Rewards or offers. Reward expires June 1, 2020. The Reward cannot be applied to past transactions.
Brilliant Distinctions® Rewards cannot be redeemed for cash or converted to Brilliant Distinctions® Points.
Brilliant Distinctions® reserves the right to alter or cancel the Brilliant Distinctions® program with no advance notice or obligation. See BrilliantDistinctions.com for a list of eligible products and full program rules and restrictions. The ARV of all Brilliant Distinctions® Rewards available to be won: $250,000.
The total ARV of all prizes available to be won: $275,000. Odds of winning the Grand Prize or a Reward will depend upon the total number of eligible Entries received.
RANDOM DRAWING: The potential Grand Prize Winner and Rewards Recipients will be selected in a random drawing on or about Tuesday, May 14, 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.
GRAND PRIZE WINNER / REWARDS RECIPIENTS NOTIFICATION & VERIFICATION:
Grand Prize Winner Notification & Verification: The potential Grand Prize winner will be notified via email and/or phone, and will be required to sign and return, within five (5) days of 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 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 two (2) alternate winners may be determined through this process, after which the Grand Prize may remain un-awarded. Grand Prize will be awarded within forty-five (45) days of Winner verification.
Reward Recipient Notification: The potential Reward Recipients will be notified by email and will be required to respond and verify eligibility, within five (5) days of notification. Noncompliance will result in disqualification and an alternate winner may be selected. Some Rewards Package(s) may remain un-awarded. Once Reward Recipients verifies, the Rewards Package will be credited within ten (10) business days to the Reward Recipient’s Brilliant Distinctions® account associated with the email address provided at the time of entry.
If a notification, Grand Prize or Rewards Package is returned as undeliverable, or if Winner/Reward Recipient is found to be ineligible or
not in compliance with these rules, or if Reward Recipient’s Brilliant Distinctions® account is inactive, that Winner/Rewards Recipient will
Grand Prize and Rewards Packages are not assignable nor transferable. No exchange or substitution of Grand Prize or Rewards Packages are permitted. No cash in lieu of Rewards. Any other incidental expenses on Grand Prize or Rewards Packages not specified herein are the Winner’s and Reward Recipient’s sole responsibility.
Grand Prize winner and Rewards Recipients are responsible for all federal, state, local and income taxes associated with winning the Grand Prize and/or receiving a Rewards Packages. 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 and/or Rewards Packages constitutes permission to use Grand Prize winner’s and/or Reward Recipient’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 Grand Prize/Rewards Packages offered. Grand Prize winner and Rewards Recipients 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 Grand Prize and/or Rewards Packages. 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 Grand Prize and Rewards Packages.
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 entry. 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
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 doesn’t 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/mothersday/official-rules or send a self-addressed, stamped envelope by May 14, 2019, to: The BOTOX® Cosmetic $25,000 Mother’s Day Giveaway Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of Winner (available after May 14, 2019), send a stamped, self-addressed envelope by June 14, 2019 to: The BOTOX® Cosmetic $25,000 Mother’s Day Giveaway Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
Void in Florida, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S. and wherever else prohibited by law.