THE BRUSH WITH TOOTH TUNES, ROCK WITH ONE DIRECTION SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, WHO ARE 13 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. VOID WHERE PROHIBITED.
1. SWEEPSTAKES PERIOD: The Brush with Tooth Tunes, Rock with One Direction Sweepstakes (the “Sweepstakes”) begins March 1, 2013 at 12:00 a.m. Eastern Time (“ET”) and ends June 30, 2013 at 11:59 p.m. ET (the “Sweepstakes Period”). Colangelo’s clock shall be the official timekeeper for the Sweepstakes.
2. ELIGIBILITY: Open only to legal residents of the 50 United States and the District of Columbia, who are 13 years of age or older as of date of entry. Employees of Church & Dwight Co., Inc. (the “Sponsor”), and any of its affiliates, shareholders, directors, agents, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and sweepstakes agencies, including Colangelo, Don Jagoda Associates, Inc. (the “Administrator”) and members of their immediate families (spouses, parents, children, and siblings and their spouses), are not eligible. Void where prohibited by law and subject to all federal, state and local laws.
3. HOW TO ENTER: To enter the Sweepstakes, visit www.toothtunes.com during the Sweepstakes Period, click on the Sweepstakes link and follow the instructions to complete all required fields on the registration form to receive one (1) entry (the “Entry”) into the random drawing. As part of the entry process, you will have the option to upload a video of yourself or your child rocking out and brushing with an Arm & Hammer™ Tooth Tunes toothbrush (the “Video”). Videos will not be judged and Video submission is not required for entry and is not linked to awarding of prizes. The person submitting the Entry will be deemed the entrant (the “Entrant”). The Entrant [or the Entrant’s child(ren) must be the only person(s) featured in the video.] All Videos submitted must be unique. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the name appearing on the Entry.
The Video must: 1) be of yourself or your child only rocking out and brushing with an Arm & Hammer™ Tooth Tunes toothbrush; 2) be no larger than 100MB and must be in one of the following file formats: 3gp, avi, dv, flv, h.264, MPEG-2, MPEG-4, QuickTime, WMV; 3) be no longer than 30 seconds in length; 4) be the property of the Entrant. There should not be any music playing in the Video. Sponsor has the sole discretion to determine whether a Video qualifies. Any Video not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you understand and agree that your Video may (in Sponsor’s sole discretion) be posted online for consumers to view on www.toothtunes.com or other Sponsor-selected sites and you agree to waive any rights you may have to the Video submitted. Sponsor will only be posting select Videos (in their sole discretion) and will contact the Entrant who submitted the Video prior to posting for approval and submission of a Video Release (that either Entrant or Entrant’s parent/legal guardian, as applicable, will need to complete and return). Sponsor reserves the right to remove any posted Video, in its sole discretion, even if the Video has already been made available to the public.
Participation is subject to disqualification of all Entries, if multiple accounts are used by the same person. Automated, script, macro or robotic Entries submitted by individuals will be disqualified. Limit of one (1) Entry/Video per person/email address/week. For purposes of this Sweepstakes, a “week” is defined as beginning at 12:00 a.m. ET each Sunday (with the exception of the first week, which will begin at 12:00 a.m. ET on Friday, March 1, 2013) and ending at 11:59 p.m. ET each Saturday (with the exception of the last week, which will end at 11:59 p.m. ET on Sunday, June 30, 2013). All Entries must be completed and submitted by June 30, 2013, to be eligible. Normal Internet access and usage charges imposed by Entrants’ online service will apply. Entries/Videos will not be acknowledged or returned. Any Entry/Video not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
4. VIDEO REQUIREMENTS: The Video must be uploaded in accordance with the specifications set forth on www.toothtunes.com. Please note the following if you are creating a Video:
- Any Video deemed inappropriate or unsuitable, obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, in Sponsor’s or Administrator’s sole discretion, will not be considered.
- Any Video or portion thereof that is, in Sponsor’s or Administrator’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, other than One Direction or Arm & Hammer™-related materials, or otherwise violates or infringes (or may infringe) any copyright (including music recordings), trademark, logo, mark that identifies a brand other than One Direction or Arm & Hammer™ or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered.
- Clothing worn in the Video should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials other than One Direction or Arm & Hammer™.
- No Video shall contain any content other than as described above, a performance that has been broadcast or streamed on-line, published or televised on television or as part of a recording of a motion picture film or television program.
- Video must not include any representation of celebrities, athletes, musicians (other than One Direction), or any other public figure, include any anti-social, political or religious groups, any commercial solicitation or promotional materials or address, phone number, or URL address.
- Entrants may not copy or otherwise plagiarize the Video from any source. All Videos must be the sole, original work of the Entrants.
5. VIDEO TRANSFER OF RIGHTS: By submitting a Video, Entrants (or the parent/legal guardian if the Entrant is a minor) acknowledge and agree that their Videos become the property of the Sponsor, which thereby has the right to edit (including adding music to the Video), adapt, modify, reproduce, promote and otherwise use Videos in any way it sees fit.
6. RANDOM DRAWING: One (1) Grand Prize winner and 100 First Prize winners will be selected in a random drawing on or about July 2, 2013 from among all eligible Entries received during the Sweepstakes Period. The random drawings will be conducted by the Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning a prize will depend on the number of eligible Entries received during the Sweepstakes Period.
7. PRIZES AND APPROXIMATE RETAIL VALUES (the “ARVs”): Grand Prize (1): A 4-day/3-night trip for winner and three guests to Los Angeles, CA to see One Direction at the Staples Center on August 10, 2013. Trip includes round-trip coach air transportation from the major airport nearest the winner’s home city to Los Angeles, CA, three (3) night hotel standard accommodations (based on quad occupancy and availability), round-trip ground transportation between airport and hotel, round-trip transportation between concert and hotel, $1,000 meal allowance (awarded as a check made payable to the winner only) plus a Sponsor-selected prize pack for the winner and his/her three guests (ARV: $8,435.56). In the event winner lives within a 150-mile radius of Los Angeles, CA, round-trip ground transportation will be provided in lieu of air transportation and no additional compensation will be provided for air transportation portion of prize. Actual ARV of Grand Prize may vary due to winner’s residence, dates of travel and fares at time of travel. First Prizes (100): One Direction T-Shirt (ARV: $21.00); One Direction: Up All Night - The Live Tour DVD (ARV: $14.99); Tooth Tunes One Direction Toothbrush (Sponsor-selected) (ARV: $9.99); 1D Life size standee (ARV: $29.99); 1D Backstage Pass (ARV: $6.99); 1D Deluxe Acrylic Tumbler with Straw (ARV: $9.99); 1D Large Flat Magnet (ARV: $6.99); 1D Mug (ARV: $7.99); 1D Small Autograph Heart (ARV: $9.99); 1D Concert Bands (ARV: $3.99); 1D Wrist Band 2-Pack (ARV: $3.99); 1D Dog Tag Necklace (ARV: $7.99). Total ARV of each First Prize Pack: $133.89. Prizes are awarded “as is” without any warranty or guaranty of any kind. All prize components are subject to availability. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value in the event the prize is unavailable. Limit one prize per person. All federal, state and local taxes are the sole responsibility of winner (or the parent/guardian if winner is a minor in his/her state of residence), if applicable.
8. GRAND PRIZE RULES: If the Grand Prize winner or a guest is a minor in his/her state of residence, that person must be accompanied by his/her parent/legal guardian. Airline carrier's regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize winner and guests must travel together on the same itinerary. Guests of the Grand Prize winner (or the parent/guardian if winner is a minor in his/her state of residence) will be required to execute a Release of Liability/Publicity Release (where legal) prior to departure. Grand Prize winner and travel companions must possess valid travel documents (i.e., valid government issued photo ID, etc.) in order to travel. All Grand Prize travel must be completed on dates specified by Sponsor; dates of departure and return are subject to availability and change. If winner is unable to travel on dates specified and agreed to or if unable to participate in any prize related activity on dates specified by Sponsor, prize will be forfeited and another winner will be chosen, time permitting. Seat selection and timing of trip subject to availability and confirmation of reservations. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, entertainment and transfers, are winner's sole responsibility (or parent/legal guardian if the Grand Prize winner is a minor).
9. GENERAL RULES: Prizes are nontransferable and no cash substitutions are allowed except by the Sponsor, who reserves the right to award a prize of equal or greater value. The Administrator will make 3 attempts to contact the potential Grand Prize winner via phone within 36 hours from the time the drawing is completed. Messages will not be left. If Administrator is unable to reach the potential winner within this timeframe, he/she will be disqualified and an alternate will be determined. Grand Prize Winner (or parent/legal guardian if the Grand Prize winner is a minor in his/her state of residence) will be required to execute and return an affidavit of eligibility and liability/publicity release (where legal) within three (3) days of notification attempt or prize will be forfeited and an alternate winner will be selected. Affidavit package will be mailed via Priority Mail or sent via email. First Prize winners (or parent/legal guardian if First Prize winner in his/her state of residence is a minor) may need to confirm his/her mailing address within seven (7) days of notification attempt or prize will be forfeited and an alternate winner may be selected. If a First Prize winner is a minor in his/her state of residence, prize will be awarded in the name of parent or legal guardian. Return of prize or prize notification as undeliverable may result in disqualification and alternate selection. Winners and all Entrants (or parent/legal guardian if winner or Entrant is a minor), as a condition of entry into the Sweepstakes, agree to release and hold harmless Sponsor and its Administrators, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use of prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or redemption of the prizes. Acceptance of prize constitutes permission to use winners’ names, likenesses, Entries and additional photographs for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Entries will be declared to be made by the authorized account holder of the e-mail address submitted at the time of entry (or when setting up winner’s account). "Authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet Access provider, Online Service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Sweepstakes. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will award the applicable prizes in a random drawing from eligible Entries received prior to cancellation. Void where prohibited by law and subject to all federal, state and local laws. As a condition of entering the Sweepstakes, Entrant (or parent/legal guardian if Entrant is a minor in his/her state of residence) agrees that: 1) under no circumstance will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Entrant be entitled to receive attorneys’ fees or other legal costs.
10. DATA PROTECTION/PRIVACY POLICY: Information collected by Sponsor in connection with this Sweepstakes may be used by Sponsor for promotional purposes and shared with third parties involved in administration of the Sweepstakes in accordance with the online Privacy Policy posted on www.toothtunes.com and applicable data protection laws. The Entrant (or the parent/legal guardian if the Entrant is a minor) agrees to the collection, processing and storage of his/her personal data by Sponsor for purposes of the Sweepstakes and Sponsor’s promotional purposes.
11. WINNERS LIST: For the names of the winners, available after August 15, 2013, visit www.toothtunes.com.
12. SPONSOR/ ADMINISTRATOR: The Sponsor of the Sweepstakes is Church & Dwight Co., Inc., Princeton South Corporate Center, 500 Charles Ewing Blvd., Ewing, NJ 08628. The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.