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.
© 2023 RB Health LLC. All rights reserved.