2023 Carmex Product of the Year USA Sweepstakes Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES. The 2023 Carmex Product of the Year USA Sweepstakes (the “Giveaway”) begins on March 22, 2023 at 6:00AM EST and ends on March 28, 2023 at 11:59PM EST (the “Giveaway Period”). The Giveaway is sponsored by [Product of the Year USA] [37 West 26th Street, Suite 307
New York, NY, 10010](“Sponsor”).
Eligibility. The Giveaway is only open to individuals who, as of the time of entry (i) are residents of and located in any of the 50 United States or DC, (ii) have reached eighteen (18) years of age or the age of majority in the state in which they reside, whichever is older as of the date of entry; and (iii) are residents in a jurisdiction where receipt of prizes or entry into the Giveaway are not prohibited by local laws, rules, or regulations. Employees, officers, directors, agents, representatives, successors, and assignees of Sponsor and its subsidiaries, affiliates and advertising agencies, and their family and household members, are not eligible. Winners must meet prize eligibility requirements and Sponsor shall not be liable to ineligible entrants.
Entry. To enter, 1 – Follow both @mycarmex & @poyusa & on Instagram, 2 – Comment in response to the relevant post at www.instagram.com/poyusa/ with your favorite spring activity AND tag a friend who might want to enter this Giveaway too!, located on Instagram (@poyusa) on March 22, 2021 at 6:00AM EST. Any comment and other content included with a comment in connection with the Giveaway is referred to as a Submission. All information requested in connection with the Giveaway must be provided or entry will be deemed void. Sponsor assumes no responsibility for incomplete, late, illegible, or misdirected entries, or for computer, online, or other technical malfunctions. All entries must be made during the Giveaway Period to be eligible. This Giveaway is limited to one (1) entry per entrant per calendar day (EST) and any entries exceeding such limit will be void. No Entry may be submitted on behalf of another person or by using a script, bot or entry service. Participating in any aspect of this Giveaway, you agree to abide by these rules and the rules, policies and procedures of Instagram. Failure to abide by these rules and the rules, policies and procedures of Instagram in connection with any entry will void an entrant’s entry in the Giveaway. Entry into this Giveaway is a representation that you have complied with these Official Rules.
All Submissions must be suitable for family audiences. Without limitation, this means that any Submission (including, without limitation tags and captions) must not contain any material, words or images or other content that: is indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based; contains profanity or sexual content; promotes alcohol, illegal drugs, tobacco, firearms or weapons; promotes any third-party product or service or otherwise contains commercial messages or endorsements regarding third party products or services; is unlawful; has been copied or plagiarized or violates or infringes any rights of any entity or person; appears to result in any injury or bodily harm; and/or is lewd or inappropriate, or is otherwise objectionable to Sponsor. Any Submission that, in Sponsor’s sole and absolute discretion, violates any of the above or other prohibitions and/or representations or warranties of Entrant may disqualify the corresponding Entry from the Giveaway or removal of the Submission by Sponsor. In the event that an Entry or Submission is edited, removed and/or disqualified, Entrant is not relived from responsibility for compliance with these Official Rules.
Entrants acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use or not use (or remove) Submissions in any way it sees fit without notification or further consent or payment of any kind.
Winner Selection/Prize. The Giveaway winners will be determined on March 29, 2023, at or around 1:00PM EST. The decision will be made by Sponsor. Five entrants will be selected by random drawings to receive three 2023 Product of the Year winning units of Carmex Weather Guard Lip Balm products (the “Prize”). The approximate value of the Prize is $9 USD. The Prize will be awarded “AS IS” and WITHOUT ANY WARRANTY OF ANY KIND. Prize is not redeemable for cash or transferable. In no event shall any difference between approximate value as determined by Sponsor and the actual value of the Prize entitle a winner to any monetary or other awards or refunds. Limit one Prize per entrant.
Odds. The odds of winning the Giveaway depend solely on the number of eligible entries received by Product of the Year USA.
Winner. Sponsor will attempt to notify the selected entrants via Instagram DM to the entrant’s Instagram account on Wednesday, March 29, 2021 at or around 1:00PM EST. In order to be declared a Winner, the selected entrant must: (i) execute, notarize, and return an Affidavit of Eligibility/Price Acceptance/Liability and Publicity Release (where legal and requested by Sponsor) within fourteen (48) hours of notification; . Following timely response as required and confirmation by Sponsor of apparent compliance with the Official Rules, a selected entrant will be confirmed as a Winner and will receive the Prize. Sponsor reserves the right to request from any entrant additional documentation it reasonably believes is necessary to validate any entry or Submission or to award any Prize. In the event a designated entrant does not timely claim a Prize or Sponsor deems such individual ineligible to receive a Prize, the Prize will be forfeited, and an alternate entry will be selected to receive a Prize (subject to such entrant’s compliance with the Official Rules). In the event that of a dispute regarding the identity of an entrant who has been selected in the drawing, Sponsor may choose to deem the entry to have been made by the “Assigned Account Holder,” that is, the individual person who is assigned the Instagram account corresponding to the selected entry. The names of the Winners will be available on Product of the Year’s Instagram (@poyusa) or may be obtained by sending a written request prior to December 31, 2023 to: Product of the Year USA, Attn: Social Sweepstakes, 37 West 26th Street, Suite 307, New York, NY 10010. Limit one request per outer envelope. All taxes associated with the Prizes are the sole responsibility of the respective Winners.
UNSPORTSMANLIKE CONDUCT: Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Giveaway; violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use or attempt to use multiple e-mail or Platform accounts or other tactics to enter more than the stated limit of this Giveaway may result in disqualification and all associated entries will be void.
Liability. Sponsor is neither responsible nor liable for incorrect or inaccurate information, whether caused by an entrant, equipment or programming utilized in the Giveaway or technical or human error in processing submissions. Sponsor disclaims responsibility or liability for: (i) the accuracy, availability, or timeliness of information published about the Giveaway; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or access to, or alteration of entries; (iii) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible entries; (iv) injuries, losses, or damages of any kind caused by a Prize or resulting from acceptance, possession, use or misuse of a Prize, or from participation in a Giveaway; (v) printing or typographical errors in Giveaway materials; or (vi) problems or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software or Internet congestion. If, for any reason, the Giveaway is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Sponsor may cancel, terminate, modify, or suspend the Giveaway.
Release. Each entrant releases and agrees to hold harmless, to the extent permitted by applicable law, Sponsor and its subsidiaries, affiliates, directors, officers, employees, representatives and agents from liability for claims, costs, injuries, losses, or damages arising out of or in connection with the Giveaway or acceptance, possession or use of a Prize (including, without limitation, related to personal injury, death, damage to or destruction or property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort, warranty, or other theory. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery or use of the Prize.
Conditions. Each entrant agrees to be bound by these Official Rules and Sponsor’s judges’ decisions, which are final and binding in all respects. All entries, and all rights to use, reproduce, publish, modify, and distribute such entries become the exclusive property of Sponsor and will not be returned. By accepting a Prize, an entrant automatically grants to Sponsor and its designees the unconditional right to use their names, addresses (city and state only), likenesses, Instagram handle, Submission, Instagram photographs and/or statements about the Giveaway for publicity and advertising purposes without further permission or financial compensation, except where prohibited by law. By entering this, entrants consent to Sponsor and its designees using any submitted entries, including names, addresses, and likenesses, and any Submission content for the purposes of administering the Giveaway, conducting publicity, and improving prize provider’s products and services, and entrants consent to the transfer or export, if any, of the entries, for these purposes. Any portion of a Prize not accepted by a winner will be forfeited. Sponsor reserves the right, at its sole discretion, to refuse entry or disqualify any individual it finds to be: tampering with the entry process or the operation of the Giveaway; acting in violation of these Official Rules; acting in an unsportsmanlike or disruptive manner, or with any intent to annoy, abuse, threaten or harass any other person. Any personal information collected through the Giveaway is subject to Sponsor’s privacy policy [https://productoftheyearusa.com/privacy-policy/] CAUTION: ANY ATTEMPT BY A ENTRANT OR OTHER PERSON TO UNDERMINE THE OPERATION OF THE CONTEST OR COMMIT ANY ACT OF FRAUD MAY VIOLATE FEDERAL AND STATE CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY SUCH ENTRANT AND SEEK REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
General Terms. The decisions of Sponsor’s judges are final on all matters pertaining to the Giveaway. The Giveaway may not be used in connection with any form of gambling. All federal, state, and local laws and regulations apply. This Giveaway shall be governed by, and construed in accordance with the laws of the United States of America and the State of New York without regard to its rules governing conflicts of law. All entrants and their heirs an assigns consent to the exclusive jurisdiction of the federal and state courts in New York County, New York, for all legal proceedings relating to this Giveaway and waive any objection to propriety or convenience of venue in such courts. Entrants agree to use any materials or information procured as part of the Giveaway only for Giveaway purposes, as described herein, and not for any commercial purpose.
Cancellation; Postponement. Sponsor reserves the right to cancel, postpone, or suspend the Giveaway for any reason whatsoever. In the event the Giveaway if cancelled, postponed, or suspended, notification will be posted by Sponsor at Instagram.com/poyusa.
This Giveaway is sponsored and administered solely by [Product of the Year USA]. Prize provider, Carma Laboratories Inc., Is not a sponsor of this Giveaway. This Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram and any questions, comments or complaints regarding the Giveaway should be directed to Sponsor at the Promotion Address, not Instagram or prize provider.
