SEX IN AMERICA SWEEPSTAKES
NO PURCHASE, CONTRIBUTION, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED.
CONSUMER DISCLOSURE: You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY.
By entering this Sweepstakes, eligible individuals submitting entries (each an “Entrant” and collectively the “Entrants”) accept and unconditionally agree to be bound by these Official Rules (the “Rules”). Any violation of the Rules may, at Sponsor’s discretion, result in disqualification. All decisions of Sponsor regarding this Sweepstakes are final and binding in all respects.
1. SWEEPSTAKES PERIOD. This Sex in America Sweepstakes (the “Sweepstakes”) begins at 12:00:01 a.m. Eastern Time on February 8, 2016 and ends at 11:59:59 p.m. Eastern Time on February 29, 2016 (the “Sweepstakes Period”).
2. ELIGIBILITY. This Sweepstakes is only open to legal residents of the 50 United States and District of Columbia (the “Eligibility Area”) who are twenty-one (21) years of age or older as of the date of entry. Only individuals may enter; no entry form from any corporation or other entity shall be accepted. This Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Officers, directors, members and employees of Sponsor, or any other party associated with the development or administration of this Sweepstakes, and the parents, affiliates, subsidiaries, fulfillment, marketing agencies, public relations firms, consultants and contractors, and the immediate families (defined as spouse, child, sibling, parent or grandparent) and those living in the same households as such individuals are ineligible to participate in this Sweepstakes. By participating, Entrant warrants that he or she is eligible to participate in this Sweepstakes.
3. HOW TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN.
Website Entry. To enter this Sweepstakes, visit http://us.skyncondoms.com/sex-in-america or http://www.maxim.com/tag/sex-in-america (the “Sweepstakes Website”) during the Sweepstakes Period, read these Rules, and follow the instructions to complete and submit the entry form (the “Website Entry”).
Twitter Entry. In addition to the Sweepstakes Website method of entry, you may also enter the Sweepstakes via Twitter. If you do not have a Twitter account, you may create one by visiting www.twitter.com. Twitter accounts are free. To enter the Sweepstakes, once logged into your own Twitter account: (1) follow @SKYNCondomsUSA at https://twitter.com/SKYNCondomsUSA and @MaximMag at https://twitter.com/MaximMag; and (2) post a Tweet that includes the handle @SKYNCondomsUSA and the hashtags #SexInAmerica and #Sweepstakes (the “Twitter Entry”). Each Twitter Entry must comply with the Guidelines listed below in order to be eligible. Message and data rates may apply. Any Tweet that includes the @SKYNCondomsUSA handle and the hashtags #SexInAmerica and #Sweepstakes and is posted prior to the start of or after the end of the Sweepstakes Period will not be eligible for the Sweepstakes. If a Tweet is more than one post in length, it will be considered as one entry with the first post considered the entry. . By submitting a Twitter Entry, the Entrant agrees to Twitter’s Terms of Service, which are hereby incorporated by reference into these Official Rules.
All entry information (whether via a Website Entry or Twitter Entry) shall be collectively referred to herein as the “Entries” or each as an “Entry.” All Entries must comply with the following guidelines to be eligible (the “Guidelines”).
· Entry cannot be, or depict any acts that might be considered, profane, pornographic, sexually explicit, or contain nudity;
· Entry cannot promote or depict anyone engaged in any illegal, immoral, or lewd act;
· Entry must not contain any defamatory, obscene, threatening, indecent, offensive, or otherwise unlawful material;
· Entry must not feature any violent or pornographic material;
· Entry must not prominently (as determined by Sponsor in its discretion) depict or refer to any brand or trademark other than those of Sponsor or Administrator;
· Entry must not include images of known celebrities, famous or well-known persons, or any image which violates the right of privacy or publicity of any person;
· If any component of the Entry (including without limitation, any video, artwork, photograph, music, or writing) is owned by someone other than Entrant, Entrant must obtain in writing a license to include such component in the Entry and for any use of the Entry by Sponsor or Administrator permitted herein;
· Entry itself cannot be a violation of any law; and
· Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
4. WINNER SELECTION; NOTIFICATION. Potential winners must comply with all terms and conditions of these Rules. Winning is contingent upon fulfilling all requirements. Further, no Entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion,that the Entry has been or can be sufficiently cleared for legal purposes. The potential winners will be chosen by random drawing on or about March 7 2016 by Administrator from among the total number of eligible Entries received during the Sweepstakes Period. There will be one (1) Grand Prize Winner and ten (10) Prize Pack Winners. All prize awards are subject to verification and will be awarded upon winner validation and verification by Sponsor and Administrator. The potential winners will be notified by email or by Direct Message (“DM”) on Twitter on or about March 11, 2016. If a potential winner: (i) is ineligible; (ii) cannot reasonably be contacted after two (2) attempts by Sponsor or within five (5) days from the date Sponsor first tries to notify him or her; (iii) fails to complete and return any required documents, such as the Affidavit and Release, to Sponsor within five (5) days of receipt of the documents; and/or (iv) refuses the Prize, such potential winner forfeits all rights to win the Sweepstakes or receive the Prize, and an alternate winner may be selected from all eligible Entries received during the Sweepstakes Period. Upon contacting a potential winner and determining that he or she has met all eligibility requirements of the Sweepstakes, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared a “winner” of the Sweepstakes. In the event of a dispute concerning who registered online to participate in the Sweepstakes, the registration will be declared to have been made by the authorized account holder of the email address for the entry or the Twitter account, and who is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address or Twitter account.
5. PRIZE(S). One (1) winning Entrant (the “Grand Prize Winner”) will be awarded a 3-day / 2-night vacation trip package for the Grand Prize Winner and one (1) guest travel companion to one of four cities – of Los Angeles, CA or New York, NY or Houston, TX or Chicago, IL(the “Grand Prize”). The Grand Prize details include round-trip coach airfare (airline and routing, dates, and times to be selected within the sole and absolute discretion of Sponsor); accommodations for 2 nights at standard hotel accommodations based on double occupancy to be selected and determined in the sole and absolute discretion of Sponsor. Approximate retail value (“A.R.V.”) of the Grand Prize is $2,500 US.
The Grand Prize Winner and his or her guest travel companion must travel together on the same itinerary and must depart from the major airport closest to the Grand Prize Winner’s home. If the Grand Prize Winner lives within 250 miles of Los Angeles, CA or New York, NY or Houston, TX or Chicago, IL, the Grand Prize will not include air transportation and no substitution or compensation will be provided in lieu thereof. The trip must be booked by May 1, 2016 and completed by December 31, 2016, and may be subject to certain other restrictions. The trip awarded to the Grand Prize Winner must be taken within dates provided by Sponsor or the Prize will be forfeited. Sponsor will attempt to accommodate the Grand Prize Winner’s preferred itinerary, but all specifics thereof will be at Sponsor’s sole discretion. Sponsor shall not be responsible or liable for the Grand Prize Winner’s inability or failure to utilize the Prize. All expenses not specified above, including, but not limited to meals, beverages, mini-bar, souvenirs, gratuities, insurance, transfer fees, personal services, incidentals, etc., are the sole responsibility of the Grand Prize Winner. All trip reservations and accommodations will be as designated by Sponsor, and are subject to black-out dates and availability.
Ten (10) winning Entrants (collectively the “Prize Pack Winners”) will each be awarded a SKYN prize pack, consisting of SKYN branded T-shirt, SKYN branded drawstring backpack, SKYN branded coozi, SKYN Pen, SKYN branded headphones (each a “Prize Pack” and collectively, the “Prize Packs”). Approximate retail value (“A.R.V.”) of each Prize Pack is $12.50.
The total A.R.V. for all Prizes is $2,625
6. ODDS OF WINNING. The odds of winning this Sweepstakes are determined by and depend on the total number of eligible Entries received. A purchase will not improve your chances of winning.
7. TAXES. The Winner will be solely responsible for any and all applicable taxes, fees, and/or other expenses associated with acceptance and/or taking delivery of the Prize.
8. NO TRANSFER OR SUBSTITUTION. Prizes are not redeemable for cash, and no substitution, assignment, or transfer of the Prize, or any portion thereof, will be permitted, except that Sponsor reserves the right, in its sole discretion, to substitute the Prize, or any portion thereof, with either the cash value of the Prize that would have been awarded, or a prize of equal or greater value.
9. DISQUALIFICATION. Any false information provided by any Entrant concerning such Entrant’s identity or address or any non-compliance by an Entrant with these Rules may result in the immediate disqualification of the Entrant from this Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, as determined by Sponsor, will be disqualified. If disqualified, Sponsor reserves the right to terminate the Entrant’s eligibility to participate in this and future promotions and Sweepstakes of Sponsor or any of its respective subsidiaries or affiliates. In the event any portion of this Sweepstakes is compromised by any non-authorized human intervention, action of Entrants, or other causes beyond the control of Sponsor which, in the opinion of Sponsor or Administrator, corrupt or impair the integrity, administration, security, or operation of this Sweepstakes, Sponsor reserves the right, at its discretion, to suspend or terminate the Sweepstakes and award the prizes from all eligible Entries received prior to the action or compromise giving rise to the suspension or termination of this Sweepstakes.
10. CONSENT. Where permitted by law, entry into the Sweepstakes constitutes the Entrant’s consent for Sponsor and/or others authorized by Sponsor, without further compensation, to use the Entrant’s name, likeness, biographical data and contact information for editorial, advertising, trade, marketing, publicity, promotional, and administrative purposes in any manner and in any media now known or hereafter devised throughout the world in perpetuity without review, notification, compensation, or approval. Sponsor is under no obligation to use an Entry.
11. RELEASE. By participating in this Sweepstakes, each Entrant releases and holds Administrator, Sponsor, and any other party associated with the development or administration of this Sweepstakes, their parents, subsidiaries, and affiliates, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors, and assigns (collectively, the “Sponsor Group”), harmless from any and all liability, claims or actions of any kind whatsoever in connection with this Sweepstakes, including without limitation legal claims, costs, personal injuries, death, losses or damages of property, demands or actions of any kind (including without limitation rights of publicity, privacy, defamation, or portrayal in a false light). Sponsor and Administrator expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use, misuse, or possession of any prize awarded. Except where prohibited, each Entrant agrees that any and all disputes which cannot be resolved between or among the parties and any claims or causes of action arising out of or connected with this Sweepstakes, any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. This indemnification and release section survives the expiration of the Sweepstakes Period
12. DISCLAIMERS; LIMITATION OF LIABILITY. THE SPONSOR GROUP MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING THIS SWEEPSTAKES AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. Any and all warranties and/or guarantees on the Prizes, or any portion thereof, (if any) are subject to the respective manufacturers’ terms and each winner agrees to look solely to such manufacturers for any such warranty and/or guarantee. IN NO EVENT WILL THE SPONSOR GROUP BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, EXPECTATION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES, ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, OR CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. The value of the Grand Prize and all Prize Packs (collectively, the “Prizes”) set forth herein represents Sponsor’s good faith determination of the approximate retail value thereof; the actual fair market value as ultimately determined by Sponsor is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
Sponsor is not responsible for any problems or technical malfunction of any network, online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Promotion. Sponsor is not responsible for 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, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible entries received prior to or after such cancellation, suspension, or modification.
13. DISPUTES; BINDING ARBITRATION. The parties hereby waive their rights to trial by jury in any action or proceeding instituted in connection with these Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. Any and all disputes that arise relating to this Sweepstakes must be filed within one (1) year from the date that the Grand Prize Winner(s) is announced. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this Sweepstakes, if any, but in no event shall any award include attorneys’ fees.
14. SEVERABILITY. The failure to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision. If any part of these Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Rules will remain fully in force.
16. WINNER LIST: To obtain a winner list by mail, or a copy of these Rules, send a separate, self-addressed, stamped envelope, to: Sex in America Sweepstakes c/o Maxim Inc., 415 Madison Avenue, 4th Floor, New York, NY 10017. Sponsor will send requested winner lists within two months after the Prizes are awarded. Requests for the winner list must be received by April 1, 2016.
17. SPONSOR. This Sweepstakes is sponsored by Ansell Healthcare Products, LLC (d/b/a LifeStyles), 111 Wood Avenue, Suite 210, Iselin, NJ 08830 (“Sponsor”).
18. ADMINISTRATOR. This Sweepstakes is administered by Maxim Inc., 415 Madison Avenue, 4 Floor, New York, NY 10017 (“Administrator”).
IMPORTANT: For the avoidance of doubt, this Sweepstakes is in any manner sponsored, endorsed, administered, or associated with Twitter, Inc. Any questions or comments regarding this Sweepstakes should be sent via mail to: Sex In America Sweepstakes c/o Maxim Inc., 415 Madison Avenue, 4 Floor, New York, NY 10017.