SCHMIDT’S™ HBD SCHMIDT’S GIVEAWAY
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Schmidt’s HBD Schmidt’s Giveaway (the “Promotion”) is sponsored by Schmidt's Deodorant Company, LLC d/b/a Schmidt’s Naturals (“Schmidt’s Naturals™,” “we,” “our” or “us”). By entering the Promotion, you agree to comply with and be bound by the following Schmidt’s HBD Schmidt’s Giveaway Official Contest Rules (the “Rules”). Please review the Rules carefully. If you do not agree to all of the terms and conditions of the Rules in their entirety, you are not permitted to enter the Promotion.
1. ELIGIBILITY. The Promotion is open only to individuals that are legal residents of, and living in, the United States and the District of Columbia, who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) and that can enter into legally binding contracts under applicable law. The Promotion is expressly void in Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Schmidt’s Naturals™, its legal representatives, affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Participants wishing to obtain a copy of these Rules may request a printed copy of same by writing to: Schmidt’s Naturals, 12602 NE Marx Street, Portland, OR 97230.
2. LIMITED TIME ONLY; PROMOTION PERIOD. For purposes of these Rules, the “Promotion Period” shall be the period beginning at 12:00:00 a.m. Pacific Standard Time (“PST”) on June 4, 2018 and ending on 11:59:59 p.m. PST on June 11, 2018.
3. HOW TO ENTER.
(a) Twitter®. In order to enter the Promotion during the Promotion Period via Twitter®, you must log in to your Twitter® account, or create a new Twitter® account where you do not already have one, and then follow the instructions set forth below. After you log in to your Twitter® account, you must tweet the following hashtag: "#HBDSCHMIDTSGIVEAWAY", along with a birthday message for Schmidt’s Naturals™, and you will automatically receive one (1) entry in the Promotion (each, a “Twitter® Entry”). In order to be eligible for a Prize, each entrant must include the hashtag, "#HBDSCHMIDTSGIVEAWAY" in that entrant’s tweet.
(b) Instagram®. In order to enter the Promotion during the Promotion Period via Instagram®, you must log in to your Instagram® account, or create a new Instagram® account where you do not already have one, and then follow the instructions set forth below. After you log in to your Instagram® account, you must tweet the following hashtag "#HBDSCHMIDTSGIVEAWAY", along with a birthday message for Schmidt’s Naturals™, and you will automatically receive one (1) entry in the Promotion (each, a “Instagram® Entry,” and together with the Twitter® Entries, the “Social Media Entries). In order to be eligible for a Prize, each entrant must include the hashtag, "#HBDSCHMIDTSGIVEAWAY" in that entrant’s Instagram® post. .
(c) General Social Media Entry Terms. All Social Media Entries must be recorded prior to the end of the Promotion Period to be considered valid Social Media Entries. Limit: Each entrant may receive only one (1) Social Media Entry. Multiple tweets or Instagram® posts, as applicable, are strictly prohibited. Any Social Media Entry(ies) submitted by the same individual in excess of the aforementioned limit of one (1) Entry will be discarded. You must ensure that your tweets and Instagram® posts comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials and Native Advertising: A Guide for Businesses (the “FTC Guidelines”) by including any necessary caveats and disclaimers. In connection with Social Media Entries, you must at all times comply with Twitter’s® Terms of Service, located at: https://twitter.com/tos and the Instagram® Terms of Service, located at: https://help.instagram.com/478745558852511. In order for your Twitter® Entry to be valid, your Twitter® account must be public and thus viewable by Schmidt’s Naturals™ and its agents. In order for your Instagram® Entry to be valid, your Instagram® account must be public and thus viewable by Schmidt’s Naturals™ and its agents. ENTRANTS ARE NOT PERMITTED TO OPEN ANY ADDITIONAL AND/OR SEPARATE TWITTER® ACCOUNTS OR INSTAGRAM® ACCOUNTS, OR OTHERWISE SUBMIT A TWITTER® ENTRY OR INSTAGRAM® ENTRY UNDER ALIASES, IN ORDER TO OBTAIN ADDITIONAL SOCIAL MEDIA ENTRIES (“ALIAS ENTRIES”). SCHMIDT’S NATURALS™ RESERVES THE RIGHT TO INVALIDATE ANY PROSPECTIVE SOCIAL MEDIA ENTRY WHERE SCHMIDT’S NATURALS™ DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, THAT THE PROSPECTIVE SOCIAL MEDIA ENTRY IS AN ALIAS ENTRY, WAS OBTAINED USING ANY FRAUDULENT OR DECEPTIVE METHOD, WAS OBTAINED IN BAD FAITH OR WAS OTHERWISE OBTAINED IN VIOLATION OF THESE RULES.
Instagram® is a registered trademark of Facebook, Inc. (“Facebook®”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter®”). The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook® or Twitter®. By entering the Promotion, you agree to fully release and hold harmless Facebook® and Twitter®, as further detailed in the “Limitation of Liability” and “Release” Sections below.
(d) Alternative Means of Entry. As an alternative means of entry in the Promotion, you may submit an entry using the Promotion form located at: https://goo.gl/forms/y7Mk5jiIr...(the “Promotion Form”) during the Promotion Period. The information that you must provide in order to submit an Entry (as defined below) via the Promotion Form includes your: (i) full name; (ii) mailing address; (iii) e-mail address; and/or (iv) any other information requested by us on the entry form (“Registration Data”). Where a contestant submits a valid Entry via the Promotion Form (each, an “AMOE Entry”) during the Promotion Period, that contestant will be automatically entered in the Prize drawing. All AMOE Entries must be submitted via the Promotion Form prior to the end of the Promotion Period to be considered valid AMOE Entries. Any improperly submitted Promotion Form entries (i.e. any entry having invalid or incomplete Registration Data) will be VOID. Limit: Each entrant may receive only one (1) AMOE Entry during the Promotion Period.
(e) General Entry Terms. You may submit either one (1) Social Media Entry or one (1) AMOE Entry (each an “Entry”) during the Promotion Period, but not both, or more than one (1) of either category during the Promotion Period. Entries submitted by the same individual in excess of the aforementioned limit, either directly or by using numerous social media accounts, e-mail addresses, registrations, identities or other methods, will be voided. Schmidt’s Naturals™ reserves the right to reject any Entry that it believes, in its sole discretion, is fraudulent, incomplete or otherwise invalid. By entering the Promotion, you agree to the Promotion winner selection and decisions of Schmidt’s Naturals™, which are final and binding in all respects. By entering the Promotion, you agree to receive marketing messages from Schmidt’s Naturals™ and its third-party marketing partners. See Section 8 hereinbelow for detailed information concerning the Schmidt’s Naturals™ Privacy Statement (“Privacy Statement”).
NO PURCHASE NECESSARY TO ENTER OR WIN THE PROMOTION. PURCHASING GOODS AND/OR SERVICES OFFERED BY OR THROUGH SCHMIDT’S NATURALS™ OR OUR MARKETING PARTNERS WILL NOT INCREASE YOUR ODDS OF QUALIFYING FOR A PRIZE.
SCHMIDT’S NATURALS™ IS NOT RESPONSIBLE FOR REGISTRATIONS, SOCIAL MEDIA ENTRIES, AMOE ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO SUBMIT AN ENTRY DURING THE PROMOTION PERIOD FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS TWITTER®, INSTAGRAM® OR THE PROMOTION SITE, YOU WILL NOT QUALIFY FOR A PRIZE.
4. IDENTIFICATION OF ENTRANTS. Each Entry will be collected and stored in the Instagram® Promotion Database and/or Twitter® Promotion Database. For purposes of these Rules, the “Instagram® Promotion Database” is defined as the entire list of Instagram® Entries and AMOE Entries collected during the Promotion Period. For purposes of these Rules, the “Twitter® Promotion Database” is defined as the entire list of Twitter® Entries and AMOE Entries collected during the Promotion Period. All Social Media Entries will be identified by their respective Instagram® or Twitter® handles, as applicable, and AMOE Entries will be identified by their respective e-mail addresses. Schmidt’s Naturals™ will stop accepting Entries at 11:59:59 p.m. PST on June 11, 2018.
5. HOW TO WIN.
(a) Prizes. Within seven (7) days of the conclusion of the Promotion Period, Schmidt’s Naturals™ will randomly select one (1) Entry: (i) from the Instagram® Promotion Database to win a Prize; and (ii) one (1) Entry from the Twitter® Promotion Database to win a Prize (“Winner Selection”); provided, however, that each Entry is only eligible to win one (1) Prize.
(b) General. The potential Prize winners will be notified via e-mail (where the potential Prize winners submitted AMOE Entries) or via their respective Twitter® and/or Instagram® accounts (where the potential Prize winners submitted Social Media Entries) within seven (7) days after the end of the Promotion Period (entrants should ensure that their Registration Data is accurate and up to date). The potential Prize winners shall be subject to eligibility verification. The potential Prize winner will be required to execute an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and return such Affidavit within thirty (30) days following attempted notification. Non-compliance within this time-period may result in forfeiture of the applicable Prize, with an alternative Prize winner selected; provided, however, that if Schmidt’s Naturals™ is unable to secure a properly executed Affidavit after five (5) attempts to select and notify a winner (original and alternative, as applicable) for a given Prize (each within a separate thirty (30) day notice period as set forth above), that Prize shall not be awarded and no additional Prize winner shall be selected for that Prize. In addition, the potential Prize winners will be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification, and proof that they are the entrants that submitted the applicable winning Entries. The return of a Prize and/or Prize notification as undeliverable may result in forfeiture. In no case shall Schmidt’s Naturals™ be liable in any manner where a winner has not received notification sent from Schmidt’s Naturals™ or where Schmidt’s Naturals™ fails to receive a response from the potential Prize winner within the required response period.
The winning Entries, as well as the associated information of the potential Prize winners, must identically match the records maintained by Schmidt’s Naturals™ in order for a Prize to be awarded. In the event of a dispute, the information maintained by Schmidt’s Naturals™ will govern. Entries will be deemed made by the person under whose e-mail address, Twitter® account or Instagram® account, as applicable, the applicable Entry was submitted, regardless of who actually submitted the Entry.
6. PRIZE DESCRIPTION. Each winning Entry will receive: (a) five (5) standard sized Schmidt’s Naturals™ deodorant sticks; (b) a five (5) pack of Schmidt’s Naturals™ soap bars (one of each available fragrance); and (c) five (5) standard sized Schmidt’s™ toothpaste tubes with a combined approximate retail value (“ARV”) of One Hundred and Seven Dollars and Thirty-Five Cents ($107.35).
7. ODDS OF WINNING. The odds of winning a Prize depend on the number of Entries submitted during the Promotion Period.
8. PRIVACY STATEMENT. The information submitted by entrants and prospective entrants in connection with the Promotion is covered by the Privacy Statement, as same is made available on the Schmidt’s Naturals™ website located at www.schmidtsnaturals.com. To the extent that the Privacy Statement is in conflict, or inconsistent, with these Rules as they pertain to the Promotion, these Rules shall take precedence. For a copy of the Privacy Statement, Click Here.
9. WINNERS’ LIST. To request a list of Prize winners, send a self-addressed stamped envelope to: Schmidt’s Naturals, 12602 NE Marx Street, Portland, OR 97230.
10. TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the applicable Prize winner. Schmidt’s Naturals™ reserves the right to withhold taxes from any winning Prize, as appropriate.
11. NO SUBSTITUTION OF PRIZES. No substitution or transfer of Prizes will be accommodated or permitted, other than in Schmidt’s Naturals’™ sole discretion.
12. PUBLICATION. Promotion entry constitutes permission for Schmidt’s Naturals™ to use each entrant’s name and likeness (including pictures) for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
13. RELEASE. By entering the Promotion, each entrant agrees to release and hold harmless Schmidt’s Naturals™, Twitter®, Facebook®, their respective legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents (collectively, “Released Parties”) from and against any and all liability for any injuries, losses or damages of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern.
14. CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION LIMITATION. Any disputes arising out of or related to the Promotion shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Schmidt’s Naturals™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Schmidt’s Naturals™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first submit an Entry in connection with the Promotion.
15. SEVERABILITY. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
16. INDEMNIFICATION. You agree to release, indemnify and hold Schmidt’s Naturals™, its parent, subsidiaries and affiliates, and their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your improper and/or unauthorized participation in the Promotion and/or use of the Twitter® and/or Instagram® websites; (b) your breach of these Rules, the Twitter® Terms of Service, the Instagram® Terms of Service or the Privacy Statement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 16 are for the benefit of Schmidt’s Naturals™, its parent, subsidiaries and/or affiliates, and their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
17. LIMITATION OF LIABILITY. Any and all claims, judgments and awards associated with the Promotion, including the Prize, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, if any, but in no event attorneys’ fees. Under no circumstances will any of the Released Parties be liable for, and each entrant hereby waives all rights to claim, punitive, incidental and/or 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.
18. DISQUALIFICATION. The Released Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed computer transmissions or technical failure, jumbled, scrambled or misdirected transmissions, lost Social Media Entries, AMOE Entries or other error of any kind, whether human, mechanical or electronic, including any technical issue associated with the Promotion Site, or the Twitter® and/or Instagram® platforms. The Released Parties are not responsible for any problem with Promotion entry generated by computer hardware or software, error or failure, whatever the cause. Schmidt’s Naturals’™ sole responsibility for any irregular Entry is replacement with another Entry in a subsequent promotion, if available. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by Schmidt’s Naturals™, will be disqualified. Any use of robots, automated processes, macros, programs or third-party methods to submit Promotion entries, and any participant using any such method, will be disqualified and may be disqualified from any other promotions or contests provided by Schmidt’s Naturals™. If disqualified for any of the above reasons, Schmidt’s Naturals™ reserves the right to terminate each entrant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention, technical errors, glitches or other causes beyond the control of Schmidt’s Naturals™, which, in the sole opinion of Schmidt’s Naturals™, corrupts, or impairs the administration, security, fairness or proper determination of the Promotion, Schmidt’s Naturals™ reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. Further, if the Promotion, or any part of it, is discontinued for any reason, Schmidt’s Naturals™, at its discretion, may elect to hold a random drawing from among all eligible Entries received up to the date of discontinuance for any or all of the Prizes offered in the Promotion. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Rules to be available and/or claimed, Schmidt’s Naturals™ reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
19. LEGAL WARNING. Any attempt by any individual, whether or not an entrant, to interfere with the operation of the Promotion, is a violation of criminal and civil law and Schmidt’s Naturals™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.