Official Rules
TINACTIN TOUGH ACTS TO FOLLOW SWEEPSTAKES
OFFICIAL RULES
NO
PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE
YOUR CHANCES OF WINNING. VOID WHERE
PROHIBITED OR RESTRICTED BY LAW.
How to Enter: The Tinactin Tough Acts to Follow
Sweepstakes (the “Sweepstakes”) commences at 12:00:00 AM Eastern Time (“ET”) on April 2May 1101,
2012 and ends at 11:59:59 PM ET on November 30, 2012 (the “Entry Period”). At any time during the
Entry Period, find the Sweepstakes tab located at www.toughactstofollow.com (a “Site”) and follow the entry
instructions to enter the Sweepstakes. Each entrant will be required to provide
all of the requested information including, entrant’s name, e-mail address,
physical address, telephone number and any other information requested by MSD
Consumer Care, Inc., the makers of Tinactin®
(“Sponsor”). The Site’s clock will be the official timekeeper for the
Sweepstakes. Limit one (1)
entry per person and/or email address.
Eligibility: NO PURCHASE NECESSARY TO ENTER OR WIN. The
Sweepstakes is only open to legal residents of the 50 United States and the
District of Columbia. Entrants must be
at least 18 years of age (or the age of majority in their states of residence
if the age of majority is greater than 18) at time of entry. Employees (and their immediate families
(i.e., parents, spouse, children, siblings, grandparents, step parents, step
children and step siblings and their respective spouses, regardless of where
they reside) and members of the same household, whether or not related) of
Sponsor and Athlon Sports Communications, Inc., and
their respective affiliated companies, subsidiaries, advertising and promotion
agencies and third party fulfillment or judging agencies (collectively, the “Sweepstakes Entities”) are not eligible to win the Sweepstakes. Any use of robotic, repetitive, automatic,
programmed or similar entry methods or agents will void all entries made by, or
associated with, the applicable entrant. In the event of a dispute over who
submitted any entry, the authorized subscriber of the e-mail account provided
in connection with the entry, as of the actual time that such entry was
received by Sponsor, will be deemed to be the entrant. The “authorized account subscriber” is
defined as the natural person who is assigned an e-mail address by an Internet
access provider, online 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 require an entrant to provide
proof of being the authorized account subscriber, which must be provided or
else that entrant may be disqualified.
Prize: There is a total of one (1) prize available to be won in connection with
the Sweepstakes, which shall consist of a trip for two (2) to a city of the
winner’s choosing that is hosting a NCAA Division I men’s football bowl game
during the 2012-2013 post-season (excluding the college championship game, and
any games taking place outside of the continental United States). Travel must be taken around the time of the
bowl game being played in that location.
Trip package includes: airfare
for two (class and fare to be determined by Sponsor in its sole discretion) from a major commercial airport near the winner's residence
to a major commercial airport near the location of the bowl game (airports
selected by Sponsor in its sole discretion), a $1,400 gift card to be used by the winner during the
trip, three (3) nights’ standard hotel
accommodations (single room/double occupancy) in a hotel of Sponsor’s choosing,
round-trip ground transportation from the airport in the destination city to
the hotel and back again, and an
Athlon Sports collectible (chosen at the discretion of Sponsor), and either: (a) a
$1,400 gift card to be used by the winner during the trip, or (b) two (2)
tickets to the bowl game occurring in the selected city, provided that: (i) tickets are still available for that bowl game; and (ii)
winner works with Althon Sports’ Events Department,
who will secure the tickets (collectively, the “Prize”). In the event that tickets are not available for the bowl
game of winner’s choice as of the date that winner is confirmed in accordance
with these Official Rules, winner may choose a new bowl game (subject to
availability) or
accept the gift card. If the winner
chooses the tickets, and tickets for the bowl game are still available, then
Sponsor and/or Althon will select the seats in their
sole discretion. In no event with winner
receive both the tickets and the gift card.
Approximate retail value of the Prize
is $4,675.00. TICKETS TO A BOWL GAME
ARE NOT PART OF THE TRIP PACKAGE, THOUGH THE WINNER MAY CHOOSE TO USE THE GIFT
CARD TO PURCHASE TICKETS TO THE BOWL GAME. The
odds of winning the Prize depends on the number eligible entries received in
connection with the Sweepstakes. The Prize winner will be determined by
a random drawing on or about December 01, 2012, conducted by an independent
third party administrator selected by Sponsor in its sole discretion. The Prize
winner will be notified by telephone, mail or electronic mail, as determined by
Sponsor. It is the sole responsibility of entrant to notify Sponsor during the
Sweepstakes Period if his/her email address, mailing address or any other
contact information changes. Prize winner and his/her guest may be required to
sign an affidavit of eligibility and release of publicity/liability (“Affidavit”) (where legal) within seven
(7) days, or within a shorter period of time if the winner selects a location
with a bowl game scheduled for a time that requires a shorter response
period. If any mail is returned as
undeliverable without a forwarding address, a potential winner cannot be
contacted within seven (7) days (or other time period noted by Sponsor) of the
first attempt to contact him/her, or if he/she or his/her guest fails to return
the signed Affidavit within seven (7) days (or other time period noted by
Sponsor), or if the potential Prize winner is deemed ineligible for any other
reason in Sponsor’s sole discretion, the potential Prize winner will be
disqualified and an alternate Prize winner will be selected in his/her place by
random drawing amongst all remaining eligible entries received. No more than
the advertised number of prizes will be awarded. All
amounts reflected as dollar credits, gift cards or cash awards are not intended
as “per person allocations” and are payable once and only to the winner. Terms
and conditions of gift card may apply.
Actual value of trip may vary based on point of departure and airfare
fluctuations. Any difference between
stated approximate retail value and actual value of the Prize will not be
awarded. All travel is subject to blackout dates, must be completed by January
07, 2013. All travel arrangements must be made through Sponsor’s agent and are determined by
Sponsor in its discretion. Winner and his/her travel
companion must travel together on the same itinerary. Class of airfare will be
determined based upon the location of winner’s residence as determined by
Sponsor. All other costs, fees and expenses not specifically identified in
these Official Rules (including meals, gratuities,
transportation to/from the bowl game, transportation to/from winner’s residence
to airport, luggage fees, incidental hotel charges and any other travel-related
expenses) are the responsibility solely of the winner. The travel companion of the winner must be
the age of majority or older in his/her place of residence (unless the winner
is such companion’s parent or legal guardian) and must
also sign a liability and publicity release (where permitted)
prior to any ticketing of travel. Travel changes will not be accepted after
reservations have been booked. If in the judgment of Sponsor air travel is not
required due to the winner’s proximity to the
applicable destination city, ground transportation may be substituted for air
travel in Sponsor’s sole discretion. Sponsor will not replace any lost,
mutilated or stolen tickets, vouchers or other certificates or cards. Sponsor
is not responsible if the winner does not use
any portion of the Prize. Winner and travel companion must have all necessary
identification and/or travel documents (e.g., a valid U.S. driver’s license)
required for travel. The Sweepstakes
Entities, each of their respective employees, contractors, directors and
officers, and each of their respective parents, subsidiaries, franchisees,
divisions, affiliates, suppliers, distributors, advertising and promotional
agencies, as applicable, and their respective officers, directors,
shareholders, members, employees, agents, successors and assigns, and all
others associated with the development, promotion, evolvement and execution of
this Sweepstakes, are not responsible for any issues arising from venue
operations/management and/or if the Prize, or any part thereof, cannot be
awarded due to travel cancellations, delays or interruptions due to any acts of
God, action(s), regulations(s), order(s), or request(s) by any governmental or
quasi-governmental entity (whether or not the action(s), regulation(s),
order(s), or request(s) prove to be invalid), equipment failure, terrorist
acts, earthquake, war, fire, flood, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or illegal), labor
or material shortage, transportation interruption of any kind, work slow-down,
civil disturbance, insurrection, riot or any other cause beyond Sponsor’s sole
control, and shall not be responsible for any cancellations, delays, diversions,
or substitutions or any act or omissions whatsoever by the air carrier(s),
hotel(s), or other transportation companies or any other persons providing any
of these services and accommodations to passengers including
any results thereof such as changes in services or accommodations necessitated
by same. All gift certificates and/or gift cards
awarded pursuant to this Game shall be subject to the terms and conditions of
the applicable certificates and cards, and the laws and regulations of the
Winner’s jurisdiction of residence.
No portion of the prize is transferable or assignable without the prior
written consent of Sponsor, which Sponsor may withhold for any or no reason in
its sole discretion.
General: Entrants assume all risk of loss, damage, destruction,
delay or misdirection of materials/mail/email submitted to Sponsor. By
submitting an entry, entrants agree to these Official Rules and to all
decisions of Sponsor, or its designated agent, which are final and legally
binding in all respects, and further agree that all prizes are awarded upon the
condition that the Sweepstakes Entities and each of their respective parent
companies, subsidiaries, officers, directors, principals, employees or agents
shall have no liability whatsoever and shall be held harmless for any injuries,
losses, or damages of any kind to persons or property, including death,
sustained, in whole or in part, directly or indirectly, in connection with or
resulting from acceptance, possession or use/misuse of any prize, or participation
in this Sweepstakes or participation in any Sweepstakes-related activities
(including attendance at any events related to this Sweepstakes), and further
acknowledge that said parties have neither made, nor are in any manner
responsible or liable for, any warranty, representation or guarantee, expressed
or implied, in fact or in law, relative to any prize, including but not limited
to its merchantability, quality, mechanical condition or fitness for a
particular purpose. Sponsor reserves the
right, in its sole discretion, without prior notice and at any time, to cancel,
terminate or suspend this Sweepstakes, or any portion thereof, should virus,
bugs, non-authorized human intervention or other causes beyond the control of
Sponsor corrupt or impair the administration, integrity or security of the
Sweepstakes (including but not limited to attempts to hack into or otherwise
tamper with underlying source code/programming of the Sweepstakes). Any event tickets are subject to certain terms &
conditions as specified thereon. The Prize winner and guest agree to comply
with all applicable event rules and regulations. No portion of the Prize
may be listed or offered for sale on eBay, Craigslist, or similar websites. The
laws of the State of New Jersey shall exclusively govern the Sweepstakes. By
accepting prizes, winners agree that Sponsor may use each winner’s name,
likeness, photograph and/or biographical information, without limitation, for
promotional purposes without further consideration or payment, where permitted
by law. Taxes on and in connection with all prizes are the sole responsibility
of each winner. Prizes are not transferable. No prize, cash or other
substitutions allowed except at Sponsor’s sole discretion or as otherwise
provided herein. Sponsor reserves the right to substitute a prize of equal or
greater value if an advertised prize becomes unavailable. Sponsor’s failure to
enforce any term of these Official Rules shall not constitute a waiver of that
provision. Should any provision of these Official Rules be deemed unenforceable
or invalid, the other provisions of these Official Rules shall remain in full
force and effect. In the event that this Sweepstakes
is challenged by any legal or regulatory authority (including but not limited
to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the
Sweepstakes, as applicable, or to disqualify any entrants residing in any affected geographic areas, as applicable.
In such event, Sponsor shall have no liability
to any entrants who are disqualified due to
such an action.
Privacy: All
personal information that entrants submit will be subject to Sponsor’s privacy
policy. In the event of any discrepancy
between Sponsor’s privacy policy and these Official Rules, the privacy policy
will govern and control. For a copy of Sponsor’s full on-line privacy policy
please visit __________________ http://www.merck.com/about/how-we-operate/privacy/internet-privacy-policy.html. By entering this Sweepstakes, each Entrant agrees
that the Sponsor or Athlon Sports have the right to
contact Entrant by telephone, email or regular mail ONLY as it relates
to this Ssweepstakes.
Request
for Name Prize Winner and Official Rules: For the name of the Prize winners, and/or Official Rules, send a self-addressed stamped
envelope to 2451 Atrium Way, Building 2, Suite 320, Nashville,
Tennessee 37214 Sponsor at: _____________________________: 556 Morris
Avenue, Summit, NJ 09701 (residents of Vermont may omit
postage).
The Sweepstakes and all
accompanying materials are © 2012 Athlon Sports
Communications, Inc. All rights reserved.





