“Urinozinc® FU Moments” Contest
The “Urinozinc® FU Moments” Contest (the “Contest”) is intended for legal residents of the United States of America (USA) and shall only be construed and evaluated according to U.S. law and applicable state law (defined below). Do not enter this Contest if you are not located in the USA at the time of entry.
SPONSOR/ADMINISTRATOR: The Contest is sponsored by DSE Health Care Solutions, Inc., 105 Fieldcrest Ave #502a, Edison, NJ 08837 (the “Sponsor”) and administered by Alliance Sweepstakes Services, Inc., 620 Park Ave #332, Rochester, NY 14607 (the “Administrator”).
ELIGIBILITY: The Contest is open to legal residents of the USA who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective state of permanent residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, Current Global, the Administrator, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above (collectively, the “Released Parties”) are NOT eligible to participate in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, those who enter the Contest (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning the Grand Prize (defined below) is contingent upon fulfilling all requirements set forth herein.
TIMING: The Contest will be defined by the two (2) following time periods:
- The Submission Period (“Submission Period”) - 9:00:00 a.m. Eastern Standard Time (“EST”) on January 17, 2020 through 11:59:59 p.m. EST on February 15, 2020.
- The Judging Period (“Judging Period”) - 12:00:01 a.m. EST on February 16, 2020 through 11:59:59 p.m. EST on February 20, 2020.
The Sponsor’s database clock is the official time-keeping device for the Contest.
HOW TO ENTER: During the Submission Period, eligible Entrants can be entered into the Contest on Instagram. To enter via Instagram, Entrants must have an active and non-private Instagram account or sign up for a free Instagram account at www.instagram.com. If a post is made by a private Instagram account, the entry will be disqualified. During the Submission Period, Entrants will be instructed to post (via a personal Instagram account) a video (not to exceed 30 seconds in length) explaining their ‘FU Moment’ (Frequent Urination) (the “Theme”). Within the post, each Entrant must use the promotional hashtag, #FUMomentsContest in order to be eligible. By properly posting a Theme-applicable video (Sponsor’s sole discretion) with the aforementioned promotional hashtag, the Entrant will receive one (1) valid Contest entry. All entries should adhere to the Instagram Guidelines and their Terms of Service that are posted on the Instagram website, www.instagram.com. By submitting an entry via Instagram.com, each Entrant consents to receive from the Sponsor an Instagram comment, if applicable, an email notifying such Entrant that he/she is a potential Prize Winner. Entries posted by a private Instagram account will not be recognized. Entrants will be required to have a public Instagram account in order to accept an eligible entry. In addition, Entrants must enter the Contest using a personally-registered Instagram account. Any Entrant found to be using the Instagram account of a group, company, or other association, will be disqualified.
ENTRY REQUIREMENTS/RESTRICTIONS: Once submitted, an entry cannot be deleted, canceled or modified. In order to be eligible, entries must actually be received by Sponsor during the Submission Period. Entries received by Sponsor before the start of the Submission Period or after the end of the Submission Period will be discarded and deemed VOID. Those who do not follow all of the instructions or do not abide by these Official Rules or other instructions of Sponsor will be disqualified. All entries become property of Sponsor and will not be returned or acknowledged. Entries made by any other individual or any entity, and/or using any email address other than the Entrant’s or any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. Your submission of an entry constitutes your representation of eligibility, consent to participate in Contest and consent for Sponsor to obtain, use, and transfer your name, address, photograph and other information for the purpose of Contest administration.
Entrants represent and warrant that their submitted entry is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. By submitting an entry, an Entrant warrants and represents that he or she consents to the submission and use of the entry in the Contest.
By submitting an entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish in whole or in part, edit, add to, modify, and rearrange the entry in whatever media, including without limitation edit, rearrange, and/or copy the entry for use in the Contest of Sponsor's products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certify that Entrant is the creator and sole copyright owner of the Entry.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, email addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the Grand Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
WINNER DETERMINATION: During the Judging Period, each entry will be reviewed by a qualified judge or panel of judges appointed by the Sponsor. Each entry will be judged based on the clear relationship between the submission and the following criteria:
- Originality and creativity (40%),
- Relevance to Contest Theme (40%)
- Overall appeal (20%).
One (1) potential Grand Prize Winner (“Winner”) will be selected based on the judges’ scoring/ranking according to the aforementioned criteria and interview process. All decisions of the Sponsor (and appointed judge(s)) are final and binding. The potential Grand Prize Winner will be contacted by the Sponsor via YouTube.
GRAND PRIZE: There will be one (1) Grand Prize (“Grand Prize”) awarded following the conclusion of the Contest. The Grand Prize Winner, upon the Administrator’s verification of eligibility, will receive their choice of PRIZE OPTION A OR PRIZE OPTION B (see below)
PRIZE OPTION A
A 3-day/ 2-night prize package for two (2) people to a destination within the continental United States to be determined. The Prize includes:
- Two (2) roundtrip standard economy airfare tickets from a major commercial airport in the United States, near the Winner’s primary residence and the destination, as determined by Sponsor (Sponsor reserves the right to substitute ground transportation for air transportation if Winner resides within 150 miles of the destination);
- Standard hotel accommodations for two (2) nights (double occupancy room; room and tax only);
- Two (2) tickets to a Bill Engvall’s show
- Meet & Greet at the show
- One (1) $50 Brick & Mortar gift card;
- One (1) $50 gift card to The Dewey Beach Bar & Grill, Pass-a-Grille;
- Visit St. Pete/Clearwater Tote Bag and Gulp Coast swag.
The Approximate Retail Value (“ARV”) of the total Grand Prize package is $2,500, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If actual value of a Prize is lower than the stated ARV when a Prize is procured and fulfilled, then the difference will not be awarded. All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winner and/or traveling companion. The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Sponsor shall not be liable for any loss or damage to baggage and/or personal property. Travel, hotel and other accommodations are subject to availability. The Grand Prize Winner and their traveling companion must travel on same itinerary. The trip must be fully executed by December 31, 2020 or the Prize will be forfeited. All travel dates are subject to change in the Sponsor’s sole discretion. Certain blackout dates and material restrictions may apply.
PRIZE OPTION B
- A $2,500 cash award (check) and a twelve (12) month supply of Urinozinc®. Prize Total ARV - $2,600.
NOTE: No substitution, assignment or transfer of the Prize is not permitted, except by Sponsor, who reserves the right to substitute the Prize or any Prize component with another of comparable or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of a Prize. The potential Grand Prize Winner must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. Should the Winner select PRIZE OPTION A, the Winner’s travelling companion must also complete a liability release form provided by the Administrator. Note: The Affidavit sent to the potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner is responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Winner is solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected based on the judges’ scoring.
By accepting the Grand Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prizes. The Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrator, and Sponsor in connection with the Contest 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 or provisions that would cause the application of any other state’s or jurisdiction’s laws. By participating in the Contest, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of New Jersey; (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will 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, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of the Grand Prize Winner, please send a self-addressed, stamped business size envelope, by March 31, 2020, to: Alliance/DSE “FU Moments” Contest Winners List Request, 620 Park Ave #332, Rochester, NY 14607.
This Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Instagram.