ALKA-SELTZER® COLD + FLU GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. ELIGIBILITY: Alka-Seltzer’s Cold + Flu Giveaway (the “Sweepstakes”) is open only to legal residents of the continental United States or the District of Columbia, excluding Alaska, Hawaii, U.S. Territories and Puerto Rico, who are at least eighteen (18) years old or the age of the majority in the applicable state at the time of entry. Employees of Bayer Healthcare LLC and their respective parents, subsidiaries, affiliates, suppliers, distributors and advertising, marketing and promotional agencies, as well as each of their immediate family members (spouse, parents, siblings and children) and/or people living in the same household are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
2. SPONSOR: The sponsor of the Sweepstakes is Bayer Healthcare LLC, 100 Bayer Blvd. P.O. Box 915, Whippany, NJ 07981-0915 (“Sponsor”).
3. ENTRY DATES: The Sweepstakes begins on March 22, 2023, at 12:00 a.m. ET and ends on March 31, 2023, at 5:00 p.m. ET (the “Sweepstakes Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. The Sponsor's computer clock is the official time-keeping device for the Sweepstakes.
4. HOW TO ENTER: During the Sweepstakes Period, you may enter by following @alkaseltzer_usa, tagging one (1) friend with #sweepstakes, and commenting a sick emoji to earn one (1) entry into the Sweepstakes. You may gain one (1) additional entry by sharing Alka-Seltzer’s giveaway post to Instagram stories and tag @alkaseltzer_usa in it. All content submitted shall herein be referred to as the entry (“Entry”). Limit two (2) Entries per person. No automated entry devices and/or programs permitted. All Entries become the sole and exclusive property of the Sponsor and will not be returned, and Sponsor will not verify receipt of Entries. Entries made by any other individual other than the person named in the entry or by any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited, and any Entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In case of a dispute over the identity of an entrant, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
5. PROPRIETY OF COMMENT CONTENT: An Entry: (iii) cannot contain, mention, refer or otherwise allude to any sexually explicit or suggestive, obscene, lewd, violent, illegal, offensive, disparaging or inappropriate words, abbreviations, language, signs, products, poses, behavior, symbols, political, personal and/or religious references or statements, (including, but not limited to, words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; (iv) 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 particular political agenda or message; (v) 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 the Sponsor in its sole discretion; (vi) cannot contain any personal identification, such as personal names, email addresses or street addresses. The posting of a comment pursuant to the above instructions does not mean the comment has been deemed to be in compliance with these Official Rules. Sponsor reserves the right at any time during the Sweepstakes Period, without notice to the entrant who posted the comment, to remove the posting from any website controlled by Sponsor that Sponsor determines, in its sole discretion, does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content and in the event of such removal, the comment will be disqualified and will not be eligible to compete for the Winner’s Prize.
By entering, entrant affirms that he/she has the consent to grant Sponsor and its designees the right to edit, publish, use, adapt, reproduce, exploit, modify or dispose of any entry and all elements of such entry, online, in print, film, television, or in any other media now or hereafter known throughout the world.
Entries made by any other individual other than the person named in the entry or by any entity, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the 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. All entry materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the Prize based on eligible entries received prior to the cancellation.
Sponsor is not responsible for problems downloading or uploading of any Sweepstakes-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in the Sweepstakes.
6. WINNER NOTIFICATION: Sponsor will randomly select the potential Sweepstakes winner from all eligible entries received during the Sweepstakes Period, listed above in section 3, on April 3, 2023. Potential winner will be contacted via Instagram direct message by the Sponsor. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. If, despite reasonable efforts, any potential prize winner does not respond within twenty four (24) hours of the first notification attempt, or if the prize notification or Prize is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit his or her Prize and an alternate prize winner may be If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. The potential prize winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements.
7. PRIZE: There will be one (1) prize which consists of: One (1) $200 Visa gift card and one (1) Alka-Seltzer Plus Maximum Strength Day & Night Cold & Flu PowerMax Gels (Total Approximate Value $210). Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s discretion. Odds of winning a Prize are dependent upon the total number of eligible Entries received by the end of the Sweepstakes Period. There is a limit of one (1) Prize per person, throughout the entire Sweepstakes Period. In no event will Sponsor be responsible for awarding more than the stated number of Prizes herein. The Prize restrictions/conditions stated herein are not all-inclusive. No transfer, substitution or cash equivalent for any Prize, in whole or in part, will be permitted, except at Sponsor's sole discretion due to Prize unavailability for any reason, and only then for a Prize of greater or equal value determined by Sponsor shall be allowed. Gift cards are subject to additional terms/conditions or expiration dates.
8. RELEASE; DISCLAIMER OF WARRANTIES: By participating, Entrants and winners agree to release and hold harmless, Sponsor, Instagram and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. LIMITATIONS OF LIABILITY: The Released Entities are not responsible for: (i) incorrect or inaccurate information, whether caused by Entrants, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) late, lost, undeliverable, damaged or stolen mail; or (vi) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. 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 Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
10. GENERAL CONDITIONS: Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of New York.
13. GIVEAWAY SPONSOR AND WINNER INFORMATION: This Giveaway is sponsored by: Bayer Healthcare LLC, located at: 100 Bayer Blvd. P.O. Box 915, Whippany, NJ 07981-0915. Except as limited by law, the names of winners will be available upon request, at no charge, by contacting Bayer Healthcare LLC at https://www.alkaseltzer.com/original/contact or by sending a self-addressed stamped envelope to Bayer Healthcare LLC at the address above, Attn: Giveaway.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. Instagram is not affiliated with the Sponsor in any way. Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT Instagram.