NATRACARE “PROJECT #BEKIND GIVEAWAY” OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ENTRY PERIOD: The "Project #BeKind Giveaway" (the “Contest”) is open from 12:00:01 a.m. Central Time (“CT”) May 9, 2023 to December 21, 2023 at 06:00:00 p.m. CT (the “Entry Period”). By participating in the Contest, each entrant agrees to abide by and be bound by these Official Rules. Entrants further agree to abide by and be bound by all decisions of Natracare National Headquarters (the “Sponsor”), which shall be final and binding, without right of appeal, in all matters relating to this Contest and the awarding of the prizes, including without limitation eligibility and/or disqualification of entries.
2. HOW TO ENTER: NO PURCHASE NECESSARY. Internet access required. During the Entry Period, go to https://www.natracare.com/be-kind/ (the “Contest Website”) on a computer or wireless device and complete and submit the entry form pursuant to the on-screen instructions. All entries must include your name, address, age, telephone number and email address.
Limit: Entrants can only enter ONE (1) time during the entire Contest.
Multiple entries from the same person will be disqualified. Online entrants must have a valid email address and it is the entrant's responsibility to inform the Sponsor of any change in email address. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider, carrier, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning the email addresses for the domain associated with the submitted email address.
Important Notice: You may be charged for visiting the mobile website in accordance with the terms of your service agreement with your mobile or internet carrier. Please consult your wireless service provider regarding your pricing plan. You must use a smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your mobile service provider with any questions regarding your bill.
3. ELIGIBILITY: Open to legal residents of the 50 United States, the District of Columbia and Puerto Rico, to legal residents of Canada (excluding Quebec), and to legal residents of the United Kingdom – who have reached the age of majority in their jurisdiction of residence at the time of entry. Parents or legal guardians may apply on behalf of a minor between 13 and 18 years of age (“Young Person”) and consent to accept any prize won on behalf of their Young Person. Void where prohibited by law.
Excluded from eligibility are the officers, directors, employees, agents and representatives of the Sponsor involved in the Contest administration and its parents, subsidiaries, affiliates, advertising and promotion agencies (collectively, the "Promotion Entities"), and members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and representatives.
The Sponsor reserves the right to request any documentation needed to verify eligibility, including status as the parent or legal guardian of a Young Person.
4. PRIZES: In total, FIFTEEN (15) winners shall be selected during the duration of the Contest. Each selected winner shall receive ONE (1) prize, meaning that a total of FIFTEEN (15) prizes shall be awarded. Each prize consists of:
Prize to be delivered via mail after a selected winner is confirmed to be eligible and to meet all conditions in these Official Rules. Prizes must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise, except at the Sponsor’s sole discretion. The Sponsor reserves the right, at its sole discretion, to substitute a prize of greater or equivalent monetary value if the prize cannot be awarded as described for any reason.
ARV is an approximation and may differ; the Sponsor will not be responsible for any difference between stated and actual value. The Sponsor will not replace any lost or stolen prizes. Any other costs, taxes or expenses associated with the prizes not specified herein will be the responsibility of selected winners. The Sponsor will not award any prizes which are unclaimed at the end of the Entry Period.
5. WINNER SELECTION AND PRIZE CLAIM CONDITIONS: The Sponsor will hold THREE (3) random draws during the Entry Period – the first on June 23, 2023 at 06:00:00 p.m. CT, the second on August 25, 2023 at 06:00:00 p.m. CT, and the third on December 22, 2023 at 06:00:00 p.m. CT (each a “Scheduled Draw”). Each Scheduled Draw shall be for the purpose of selecting FIVE (5) potential winners from among all eligible entries received from the start of the Entry Period until the time of that Scheduled Draw. All non-selected entries will carry forward to the next Scheduled Draw. Odds of winning depend on the number of eligible entries received by the time of each Scheduled Draw.
Selected entrants will be notified within ONE (1) month of the relevant Scheduled Draw , via e-mail, and/or at the Sponsor’s discretion, via the phone number provided on the Contest entry form. In order to be declared an official winner, a selected entrant must: (i) have correctly signed and returned to the Sponsor a written declaration and release form, releasing the Promotion Entities from any liability in connection with this Contest or the use, misuse, awarding or possession of any prize (the “Release”); and, (ii) otherwise comply with these Official Rules.
In the event a selected entrant fails to respond to the Sponsor’s notification, fails to provide a Release (if requested) within the deadline indicated on the Release, does not accept the prize within SEVEN (7) business days of notification, or fails to comply with the Official Rules, the prize will be deemed forfeited and the Sponsor will select an alternate entrant as a potential winner from the remaining entries, who will be subject to disqualification in the same manner.
6. RIGHT TO TERMINATE/VOID/SUSPEND/MODIFY: The Sponsor reserves the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without notice or obligation if, in the Sponsor's sole discretion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole discretion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prizes from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Contest, the Contest Website, violates the Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person.
7. LIMITATION OF LIABILITY AND RELEASE: BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE PROMOTION ENTITIES AND THE SPONSOR HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM THE CONTEST, INCLUDING THE ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, OR THE MERCHANDISE FOR WHICH IT IS REDEEMED (IF APPLICABLE). FURTHER, BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE SPONSOR AND THE PROMOTION ENTITIES HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS CONTEST, OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Without limiting the foregoing, the Promotion Entities, the Sponsor and any of the Sponsor's other suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, online systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer online systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any messages to be received by the Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (h) technical, pictorial, typographical or editorial errors or omissions contained herein.
8. PROTECTION OF PERSONAL INFORMATION AND PUBLICITY RELEASE: The Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Contest for the purposes of administering the Contest and prize fulfillment. You may be offered the opportunity to receive additional communications from the Sponsor or its partners about its products, and upcoming contests and promotions.
By accepting a prize, a winner agrees to the Sponsor's use of their name, city/province/territory/country of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity the Sponsor and its respective successors, assigns and licensees may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice, and hereby releases the Sponsor and the Promotion Entities from any liability with respect thereto.
9. GENERAL CONDITIONS: All entries become the property of Sponsor and will not be returned, and no correspondence will be made with or entered into except with selected entrants, unless entrants opted-in to receiving additional communications from the Sponsor or its partners in accordance with Clause 8 above. By participating in the Contest, each entrant agrees that the Promotion Entities have not made, with respect to each of their own products/services provided as a prize or part thereof (if applicable), any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Winning a prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. Contest is subject to all applicable national, federal, state, provincial, territorial and municipal laws. Void where prohibited. The Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate or necessary to comply with applicable law. Should a winner make any false statement(s) in any document referenced above, that winner may be required to promptly return to the Sponsor their prize, or the cash value thereof. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
10. CHOICE OF LAW: In the case of entrants who are legal residents in the 50 United States, the District of Columbia or Puerto Rico, or entrants who are legal residents in Canada (excluding Quebec), Colorado State law shall govern the Contest and all aspects related thereto. In the case of entrants who are legal residents in the United Kingdom, the laws of England and Wales shall govern the Contest and all aspects related thereto.
11. DISPUTES/JURISDICTION: Except where prohibited by law, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the State of Colorado in the case of entrants who are legal residents in the 50 United States, the District of Columbia, Puerto Rico or who are legal residents in Canada (excluding Quebec); and by the courts of England and Wales in the case of entrants who are legal residents in the United Kingdom, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively "Special Damages"); and (4) an entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
12. SPONSOR: The Sponsor of this Contest is Bodywise (UK) Ltd t/a Natracare, Natracare House, 19 Eagles Wood, Woodlands Lane, Bristol, BS32 4EU, United Kingdom.
13. LIST OF WINNERS: For the names of the winners, send a separate self-addressed, stamped envelope to "Project BeKind Giveaway" Contest, myWHY Agency, 5113 S. Harper Avenue, Chicago IL 60615. Vermont residents are exempt from stamped envelope requirements. The Sponsor will also post the winners’ names on its website.