DELSYM BRINGS COMFORT HOME SWEEPSTAKES OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.

 

SPONSOR: RB Health LLC, 399 Interpace Parkway, Parsippany, NJ 07054-0225.

 

SWEEPSTAKES PERIOD: The Delsym Brings Comfort Home Sweepstakes (the “Sweepstakes”) begins at 12:01 AM Eastern Time (“ET”) on December 6, 2023 and ends at 11:59:59 PM ET on December 31, 2023 (“Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.

 

ELIGIBILITY: Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older, and are not Medicare or Medicaid recipients at the time of entry ("Entrants"). Void outside the fifty (50) United States, the District of Columbia, and where prohibited and restricted by law. Employees, officers, directors, agents and representatives of RB Health LLC (“Sponsor”); Legend PR (“Agency”), Don Jagoda (“Sweepstakes Administrator”), their respective parent companies, subsidiaries, affiliates, officers, directors, governors, owners, partners, distributors, retailers, advertising/promotion/service agencies, dealers, licensors, agents, suppliers, and independent contractors, (collectively, the “Sweepstakes Entities”) and each of their immediate family members and/or those living in the same household (defined as spouses, parents, siblings and children and anyone else residing in their same household) are not eligible for the Sweepstakes. All federal, state and local laws and regulations apply.  The Sweepstakes is subject to all applicable federal, state, territory, and local laws, rules, and regulations.

 

HOW TO ENTER: During the Sweepstakes Period, visit DelsymMealKit.com to complete the online registration by completing the required fields consisting of your first name, last name, email address, phone number, street address, city, state, and zip code. Once you have completed the registration form, you will gain one (1) entry (“Entry”) into the Sweepstakes.  Duplicate Entries or multiple Entries made by an Entrant in excess of the number allowed will be disqualified. Use of robotic, automatic, or macro devices is not valid for Entry. Any Entry that is submitted with the use of a robotic, automated or macro device will be void. All Entries become the property of the Sponsor upon submission and will not be acknowledged or returned and the Sponsor has the right to dispose of the Entries at Sponsor’s discretion. By submitting an Entry, Entrant agrees to abide by the terms of these Official Rules and the Sponsor’s Privacy Policy available at https://delsym.com/pages/privacy-policy.

 

Entrants, at their option and discretion, may elect to "opt-out" to not receive future marketing and promotional communications from Sponsor. Choosing to "opt-out" or "opt-in" will not affect Entrants' chance of winning.

 

RANDOM DRAWING: One random drawing will be conducted on or about January 4, 2024 to randomly select two hundred fifty (250) Grand Prize winners. Drawing will be conducted by Sweepstakes Administrator, an independent judging organization, whose decisions are final on all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible Entries received during the Sweepstakes Period. 

 

PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”). Two hundred fifty (250) Grand Prize winners will receive one (1) Delsym Bring Comfort Home kit, consisting of one (1) pack of Freezer Pops; each pack consisting of: (1) blue raspberry, (1) orange, (1) cherry, (1) grape and (1) pineapple punch flavors, one (1) recipe card with instructions, the following shelf-stable items: one (1) Adobo seasoning, one (1) jar of Sofrito, one (1) pack of Bay leaves, one (1) pack of Sazon with Annatto, one (1) pack of Chicken bouillon, one (1) bag of Fideo, one (1) bottle of Vegetable oil, one (1) Salt, one (1) Pepper, along with one (1) $25 Door Dash gift card to purchase the remainder of the ingredients, a soup bowl with a spoon, and select footwear; ARV for Grand Prize $112.75 each; Total ARV for All Prizes: $28,188.  All applicable federal, state and/or local income and other taxes on the actual value of the prize are each winner’s sole responsibility. Sponsor reserves the right, in its sole discretion, to substitute the prize (or portion of prize) with one of comparable or greater value should the prize become unavailable for any reason. Sponsor shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any prize provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes.

 

PRIZE FULFILLMENT: Grand Prize winners will be shipped their prizes to the addresses provided on the registration forms at the time of entry within 6 to 8 weeks after the random drawing. If the prize is returned as undeliverable, or if a potential winner does not want to accept the prize, he/she will be disqualified and an alternate winner may be selected and notified. All winners are subject to verification by Sponsor and/or Administrator, and verification of winners is final and binding in all matters related to the Sweepstakes. All Entries submitted become the sole property of the Sponsor. In no event will the Sponsor be obligated to award more than the stated number of prizes. Use of automated entry devices or programs is prohibited. The Sponsor and its agencies assume no responsibility for any injury or damage to entrants or to any other person’s computer or web-enabled device relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.

 

RELEASE: By receipt of a prize, each prize winner agrees to release and hold harmless the Sweepstakes Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. Sponsor, Sweepstakes Entities, and each of their employees and agents 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 any prize including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.

 

PUBLICITY: Except where prohibited, each prize winner by acceptance of the prize, grants to the Sponsor and Sweepstakes Entities the right to publicize his/her name (first name and last initial), address (city and state of residence), photograph, voice, statements and/or other likeness and prize information in any and all media now known or hereafter devised, for advertising, trade and other purposes, throughout the world, in perpetuity, in any manner, without limitation and without additional compensation, consideration, notification or permission, unless prohibited by law. Each prize winner agrees to participate in such reasonable publicity as may be requested by Sponsor. For purposes of administrating the Sweepstakes and awarding the prizes, Sponsor may disclose or transmit such personal information to third parties rendering services in relation to the Sweepstakes, including but not limited to the Sweepstakes Administrator.

 

LIMITATIONS OF LIABILITY: Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process of the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or (5) 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, provided that if it is not possible to award another Entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold the random drawing from among all eligible Entries received during the Sweepstakes Period up to the date of discontinuance for any or all of the prizes offered herein.

 

GENERAL CONDITIONS: Sponsor is not responsible for Entries that are not received for any reason, including any computer, online, telephone, human error, technical malfunctions, lost, late, incomplete, invalid, unintelligible or misdirected Sweepstakes registrations. Sponsor reserves the right to correct typographical, printing or clerical errors in any Sweepstakes-related materials. In the event the  Sweepstakes Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sweepstakes Entities' control (each a “Force Majeure” event), the Sweepstakes Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sweepstakes Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, Sponsor, the Sweepstakes Administrator and the Sweepstakes Entities reserve the right, but shall have no obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure event. In the event of a dispute as to the identity or eligibility of a prize winner based on an e-mail address, the prize winner will be declared as the “Authorized Account Holder” of the e-mail address at the time that the Entry is made. An “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any Entrant or a potential prize winner to provide Sponsor with proof that such party is the authorized account holder of the e-mail account associated with the Entry. In the event a winning Entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning Entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate prize winner. No more than the stated number of prizes will be awarded. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor reserves the right to cancel, suspend and/or modify this Sweepstakes, or any part of it, if any fraud, technical failures (whether due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud), or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor assumes 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. If Sponsor terminates this Sweepstakes, Sponsor reserves the right to conduct the random drawing to award the prizes using all eligible Entries received as of the termination date. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any Entry to be received by Sponsor on account of technical problems, human error, or any combination thereof.

 

DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New Jersey; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) 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 Jersey, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New Jersey. Entrants expressly agree that any legal proceedings arising out of or relating in any way to this Sweepstakes or these Official Rules shall be brought only in the federal or state courts located in the State New Jersey, and consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Sweepstakes-related materials, including but not limited to the Sweepstakes entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT – NEW JERSEY RESIDENTS: The following provision applies to residents of the State of New Jersey. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by state or federal law. These Official Rules are intended to comply with TCCWNA. In the event of a conflict between these Official Rules and the TCCWNA, the terms of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. The following provisions of these Official Rules shall not be applicable to New Jersey residents: (i) provisions which limit Sponsor’s liability for any tortious action or breach of contract by Sponsor; and (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by Sponsor.

 

USE OF INFORMATION: The personal information that you provide in connection with the Sweepstakes may be used by Sponsor in accordance with its Privacy Policy, which is found at https://delsym.com/pages/privacy-policy and which may be updated from time to time without notice. Sponsor undertakes to collect, process, store, save and transfer personal information in compliance with relevant data protection legislation. Sponsor shall not sell, share or otherwise disclose personal information of Entrants with third parties, other than to third parties engaged by Sponsor for the purpose of administering the Sweepstakes including but not limited to the Sweepstakes Administrator. By participating in the Sweepstakes, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s Privacy Policy. Entrants are not required to opt-in to participate in this Sweepstakes and opting in will not increase your chances of winning.

 

WINNERS LIST/OFFICIAL RULES: For the names of the winners, available after March 1, 2024, send a stamped, self-addressed envelope postmarked by March 20, 2024 to: Delsym Brings Comfort Home Sweepstakes Winners (Attn: NR), 100 Marcus Drive, Melville, NY 11747.

 

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