Tom's of Maine 'Be A Tooth Fairy Hero' Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. How to enter:
Tom's of Maine ("Sponsor") invites you ("Entrant") to enter Be A Tooth Fairy Hero Sweepstakes ("Sweepstakes"). To be eligible for the Sweepstakes, all entries must be submitted between 12:00 a.m. Eastern Time ("ET") on January 2, 2013 and 11:59:59 pm ET on March 15, 2013 ("Promotion Period"), by visiting www.tomsofmaine.com (the "Web Site") and completing and submitting the official entry form. You may submit an optional drawing created by your child age 3-10 depicting what he/she imagines the tooth fairy looks like ("Drawing") with your entry. Drawing may be created using pencil, pen, crayon, markers or any combination thereof. Drawings are optional and will not be judged. All Entries and drawings become the property of Sponsor and will not be returned or acknowledged. Only Entries which comply with the Official Rules will be considered. Entries with duplicate email or other addresses or multiple Entries using different email addresses for a single individual will be disqualified. In the event of a dispute over the identity of an online Entrant, Entry will be deemed submitted by the authorized account holder of the e-mail account of the e-mail address submitted at time of Entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Submission of a drawing grants Sponsor and its agents the right, but not the obligation, to publish, use, adapt, edit and/or modify such drawing in any way, and to use your child's first name and state/city of residence in any and all media, including posting the drawing on the Sponsor's Web Site, without limitation as to time or territory, and without further consideration to you. Drawings must be original to your child; may not have been published previously; must not infringe third-party rights; and must be suitable for publication (i.e., may not be obscene, violent or indecent).
Sweepstakes is open to legal residents of the 50 United States and D.C. who are eighteen (18) years of age or older at the time of entry and who are the parent or legal guardian of a child between the ages of 3 - 10 who is enrolled in a state accredited not-for-profit preschool or elementary school located in the 50 United States/D.C. at the time of entry (Spring 2013 semester). Parents of children who are home-schooled and of eligible age or of eligible age but not yet in pre-school are also eligible to enter. Should one or more of these parents be chosen as a winner, they must choose a not-for-profit elementary school or preschool to which they would like Sponsor to make product donation per the Official Rules. Sweepstakes is not open to employees of Sponsor, Colgate-Palmolive Company, Cohn & Wolfe, Promotion Activators and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, "Sweepstakes Entities"), and their immediate family members (i.e., parents, siblings, children and their spouses) and/or those living in the same household of each are not eligible to enter or win. Void where prohibited by law.
3. Prize Details/Odds:
Ten (10) Prizes: a donation of Tom's of Maine products, including Silly Strawberry and/or Wicked Cool toothpaste samples to the preschool or elementary school attended by winner's child. Approximate retail value: $500. No prize substitutions permitted. Prize is non-transferable. Should winner's child's school be unable to accept toothpaste samples, samples will be donated to a dental clinic in need at the discretion of Sponsor. Odds of winning depend on the number of eligible entries received. Limit: one (1) prize/donation per state. Total ARV of all prizes: $5,000. As a part of this promotion, Sponsor will also donate $10,000 to a not-for-profit dental clinic in each winner's state, chosen at Sponsor's sole discretion. The selected entrants will not receive a prize (product donation will only be awarded to the school) and are not entitled to direct the $10,000 donation. All taxes on the prize, if any, are solely the responsibility of the school that receives the donation. All federal, state, and local laws and regulations apply.
4. Selection of Winners:
The winners will be determined in a random drawing from all eligible Entries on or about March 30, 2013. The drawing will be conducted by an independent judging organization whose decisions are final and binding in all matters relating to this Sweepstakes. In the event that more than one entry is selected from any state, only the first entry selected from that state will be eligible for a prize and an alternate entry will be selected from the remaining eligible entries until there are winners from ten different states are selected. Winner will be notified by e-mail, first class mail, or phone on or about March 30, 2013. Winner will be required to sign and return an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, "Release") within fourteen (14) days of notification or the Prize will be forfeited and an alternate winner will be chosenIf the potential winner is a minor in the state in which he or she resides, the Release must be signed by that minor's parent or legal guardian on the minor's behalf. Odds of winning depend on the number of eligible Entries received. . If a Prize notification is returned as undeliverable, the Prize will be awarded to an alternate winner in a separate random drawing. Entry and acceptance of Prize constitutes permission (except where prohibited by law) to use each winner's child's first name, Prize won, hometown and artwork for promotional purposes without further compensation. Limit: one Prize per household. Upon receipt of winner's Release, winner's child's school will be required to sign and return a Liability Release and Publicity Release (collectively, "Release") within fourteen (14) days of notification or the Prize will be forfeited. Prize will be awarded within thirty (30) days after receipt of winner's child's school's Release.
Entrants on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns agree to release, defend, indemnify and hold harmless Sweepstakes Entities, and those working on their behalf, and each of their respective officers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant's participation in this Sweepstakes or the awarding, acceptance, use or misuse of any Prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action. This Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York, New York, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS' FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein, due to events, including but not limited to, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other causes not within Sponsor's control, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of any winner or Prize. Entry materials/data that have been tampered with or altered, or mass Entries or Entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, illegible or postage due mail/Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to Entrant's or any other person's computer related to or resulting from participating in the Sweepstakes, or (iv) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, Entrant (x) agrees to be bound by these Official Rules, including all eligibility requirements, and (y) agrees to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Sweepstakes or the online portion of the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select winners from among all eligible Entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Winner or school is responsible for applicable taxes, if any.
All decisions of the Sponsor, Sweepstakes administrator and the judges regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical or printing or other errors, administration of the Sweepstakes, the announcement of the Prizes or other inadvertent errors in these Official Rules or other materials relating to the Sweepstakes.
For a list of winners (available after April 10, 2013), send a self-addressed, stamped, business size (#10) envelope by April 30, 2013 to: Tom's of Maine Be A Tooth Fairy Hero Sweepstakes, Grand Prize Winners List Request, 6240 Oakton Street, Morton Grove, IL 60053.
Sponsor: Tom's of Maine, 302 Lafayette Center, Kennebunk, ME 04043