Sweepstakes Terms and Conditions
ChapStick Dream Date Challenge Giveaway Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
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Eligibility
ChapStick Dream Date Challenge Giveaway (the “Giveaway”) is open only to legal residents of the fifty (50) United States (and the District of Columbia), who are at least eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of Suave Brands Company LLC, TYB Technologies, LLC and their subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Giveaway and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. To enter the Giveaway or receive a prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Giveaway. The Giveaway is governed by these Official Rules and is subject to all applicable federal, state, and local laws. -
Sponsor
Suave Brands Company LLC, 433 Hackensack Avenue, Hackensack, New Jersey 07601. -
Timing
Giveaway begins January 24, 2024 at 4:00 p.m. Eastern Time and ends January 31, 2024 at 11:55 p.m. Eastern Time (the “Giveaway Entry Period”). -
How to Enter
To enter you must download the Try Your Best (TYB) app and create an account. Downloading the app and creating an account is free. Once you have a TYB account you must join the ChapStick community. There you will be able to write and submit your Dream Date (the “Submission”).Limit of one (1) Submission per person during the Giveaway Entry Period. Multiple participants are not permitted to share the same TYB account. Any attempt by any participant to obtain more than the stated number of Submissions by using multiple/different email addresses, TYB accounts, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate in the Giveaway is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Submissions, which will be disqualified.
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Submission Requirements
The Submission must comply with the following requirements: (i) the Submission may not feature any person other than entrant unless they have consent of the other person / people that are included; (ii) other than the Sponsor, its products, brands and/or logos, the Submission may not contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its products, brands and/or this Giveaway; (iii) the Submission must be entrant's own original work, created solely by entrant and not created professionally; must not have won any award; (iv) the Submission may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (v) the Submission cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Submission cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Submission cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission of Sponsor; (viii) the Submission cannot itself be in violation of any law; and (ix) the Submission must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content. -
Grant of Rights
By submitting the Submission, the entrant represents and warrants that he/she has all right, title and interest necessary to grant the Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, create derivative works and/or modify such Submission in any way and post the Submission on the internet or use the Submission in any other way and agrees to indemnify and hold Sponsor harmless from any claims to the contrary. -
Winner Determination and Voting
At the end of the Giveaway Entry Period the Sponsor in its sole discretion will determine the five (5) best Submissions (the “Finalists”). The five Finalists Submissions will be posted on TYB for community voting. Community voting will end on February 5, 2024 at 11:55 p.m. Eastern Time. During the voting period there might be a leaderboard and any votes shown represent the unverified total. Limit of one (1) vote per person. -
Odds
Odds of winning a prize depend on the number of eligible entries received during the Giveaway Entry Period and the quality of the Submissions. - POTENTIAL GIVEAWAY WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR'S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER AND OTHER MATTERS RELATED TO THE GIVEAWAY.
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Verification of Potential Giveaway Winners
Potential Giveaway winners may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential Giveaway winner may be selected. In the event: (a) potential Giveaway winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential Giveaway winner notification or Affidavit is returned as undeliverable; (b) potential Giveaway winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential Giveaway winner is found to be ineligible to enter the Giveaway or receive the prize, (e) potential Giveaway winner cannot or does not comply with the Official Rules, or (f) potential Giveaway winner fails to fulfill the Affidavit-related obligations, the potential Giveaway winner shall be disqualified from the Giveaway and an alternate potential Giveaway winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential Giveaway winner, if any. -
Grand Prizes
Two (2) grand prizes will be awarded. Each grand prize winner will receive a Four Hundred and Ninety Nine Dollar ($499) Visa Gift Card. The gift card will be used to fulfill the Dream Date. No more than $499 will be provided. The approximate retail value of each prize is $499.For all prizes: No cash equivalent for the prizes, prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes, duties, and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the winner fully complies with these Official Rules. Total approximate retail value of all prizes is $998.00.
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Entry Conditions and Release
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Giveaway; (b) defend, indemnify, release and hold harmless the Sponsor, TYB Technologies, LLC and their respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Giveaway, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledges that all prizes are awarded as-is without warranty of any kind. -
Publicity and Marketing Communications
Except where prohibited or restricted by law, winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor and any of its designees to use and/or publish winner's full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Giveaway or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. -
General Conditions
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Giveaway or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Giveaway, or with any Website promoting the Giveaway; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Giveaway, including the entire Giveaway, and/or modify the Giveaway and/or award the prize from all eligible entries received as of the termination date. -
Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Giveaway; (d) technical or human error in the administration of the Giveaway or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an entrant's registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Giveaway. No more than the stated number of each prize will be awarded. -
Disputes
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New Jersey State Court located in Bergen County, New Jersey; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys' fees; and (d) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. -
Giveaway Results
To obtain the prize winner list, send a self-addressed, stamped envelope to: Suave Brands Company LLC, 433 Hackensack Avenue, Hackensack New Jersey 07601; Attn: ChapStick Dream Date Challenge Giveaway - Winners List. Requests must be received within 60 days of the end of the Giveaway Entry Period.