The NIVEA® FOR MEN Active 3 "Work Smarter, Play Harder & Win" Sweepstakes (“Sweepstakes”) is sponsored by Beiersdorf, Inc., 187 Danbury Rd., Wilton, CT 06897 (referred to in these official rules as “NIVEA FOR MEN” or “Sponsor”). Sweepstakes is governed by these official rules. By participating in the Sweepstakes, you agree to these official rules, including all eligibility requirements, and you understand that the decisions of the Sponsor and the results of the Sweepstakes are final and binding in all respects. The Sweepstakes is subject to all federal, state and local laws and regulations and is void where prohibited by law. THE ODDS OF WINNING DEPEND SOLELY ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
The Sponsor reserve the right to verify the eligibility of all winners. The Sweepstakes begins at 12:00 a.m. EST on June 1, 2009 and ends at 11:59 p.m. EST on August 15, 2009 ("Sweepstakes Period"). All entries must be received by NIVEA FOR MEN on or before the end of the Sweepstakes Period in order to be eligible.
The Sweepstakes is only open to legal residents of the fifty United States and the District of Columbia who: (1) are 21 years of age or older at the time of entry, (2) have a valid e-mail address and Internet access prior to the beginning of the Sweepstakes Period, and (3) have not been convicted of a felony, a crime of moral turpitude and are not currently subject to an arrest warrant. Employees, officers and directors of Beiersdorf Inc., The American Broadcast Companies, Inc. , The Walt Disney Company, 12:05 AM Productions, LLC, Jackhole Industries and their respective parents, subsidiaries, affiliates and their respective consultants, agents and suppliers (collectively, "Sweepstakes Entities"), as well as those individuals' immediate families (defined as parents, spouses, children, siblings and grandparents) and persons living in the same household are not eligible to enter or to win. Sponsor reserves the right to verify the eligibility of the potential winner.
To enter the Sweepstakes, follow the link listed on the NIVEA FOR MEN website or access the following Internet address: www.NIVEAFORMENusa.com/jklsweeps. Complete in full and transmit the entry form, including your name, address, phone number and e-mail address. After submitting the required information on the entry form, you will receive one entry into the Sweepstakes. There is a limit of one entry per person. Online eUpon entry into the Sweepstakes, each entrant will also be registered as a member of NIVEA FOR MEN's monthly e-mail newsletter. Membership in the NIVEA FOR MEN eMagazine is free and without obligation. You may unsubscribe from the NIVEA FOR MEN eMagazine by following the unsubscribe link provided in the e-mail newsletter.
No photocopied, facsimiled, e-mailed, mailed, mechanically reproduced or telephoned-in entries will be accepted. All entries in the Sweepstakes become the exclusive property of Sponsor. Receipt of entries will not be acknowledged, nor will proof of submission of an entry form be deemed proof of receipt. Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry. Sponsor is not responsible for lost, late, unintelligible, incomplete, invalid, garbled or misdirected entries, which will be disqualified. Neither mass entries nor use of any automated system to submit entries or solicit referral entries is prohibited and will result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. By entering, entrants agree that the Sponsor is not responsible for (i) any injury or damages to the entrant's or any other person's computer related to or resulting from playing or downloading any materials in the Sweepstakes; (ii) lost, interrupted or unavailable network server or other connection, miscommunications, failed phone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or (iii) late, lost, damaged, misdirected entries or communications or other error of any kind whether human, mechanical or electronic. In the event of a dispute, entry information will be declared submitted by the authorized account holder of the email address submitted at the time of entry. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.
ONE (1) GRAND PRIZE:One winner will receive a travel award for three (3) persons 5 days/4 nights consisting of roundtrip, coach-class air transportation on an airline selected by Sponsor from a major airport near winner's home (determined by Sponsor in its sole discretion) to Los Angeles, CA for a 2 day/1 night stay followed by a 3 day/3 night stay in Las Vegas, NV and a cash prize of $3,333.33. ARV: $10,000. The actual retail value is dependent on the actual travel itinerary of the winner. Further details of the trip schedule and prize elements, including the meet and greet and the taping of the Jimmy Kimmel Live show, to be provided to the prize winner by Sponsor after verification.
The 2 day/1 night stay in Los Angeles, CA includes: meet and greet with Guillermo from the Jimmy Kimmel Live television show (subject to his availability), a tour of the Jimmy Kimmel Live studio and three (3) tickets to the "Jimmy Kimmel Live" television show taping occurring that day, round trip ground transfers (airport/studio/hotel) and hotel accommodations (single room, triple occupancy) at a hotel designated by Sponsor.
The 3 day/3 night stay in Las Vegas, NV includes: round trip ground transfers from Los Angeles International Airport, hotel accommodations (single room, triple occupancy) at a hotel designated by Sponsor located on Las Vegas Blvd., a Grand Canyon "Above and Beyond 3 in 1 Combo Tour" and a "Club Hop Party," as selected by Sponsor. Grand Canyon tour includes: round trip transfers to and from prize winner's hotel, narrated tour over the North Canyon, park entrance fees and light meal during the tour. Transportation during the tour may include air and ground transportation at the sole discretion of the tour operator selected by Sponsor. Club Hop Party includes: evening tour to visit up to three (3) Las Vegas nightclubs (as selected by Sponsor), transportation during the tour (as selected by Sponsor), entrance and prepaid cover charges for all nightclub visits during the tour.
Upon confirmation of winner, winner will receive a choice of three (3) travel dates for trip. Winner and his or her travel companions must be available to travel on the dates selected by Sponsor, on the same itinerary, and must complete the trip on the travel date selected by the winner and agreed to by Sponsor or prize will be forfeited. Trip must be booked at least thirty (30) days prior to departure. Once trip is booked, no changes or cancellations will be allowed. Travel must be roundtrip and occur in the travel destination sequence set by Sponsor. All travel must be completed by December 31, 2009.
Sponsor will determine airline and fight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight or any scheduled trip activity. Travel and accommodations are subject to availability and subject to changes beyond the control of Sponsor. If, in the judgment of Sponsor, air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. It is the responsibility of the prize winner and his or her travel companions to arrive at the designated gateway city in time for their flight, with proper travel documentation. Certain travel and security restrictions may apply and it is the responsibility of the winner and his or her travel companions to comply with all travel, security and other laws, regulations, airline passenger and rules that may apply to them.
Event schedules, schedules of celebrities, tours and other elements of the Grand Prize are subject to change outside the control of the Sponsor. Sponsor will not be liable or responsible for any such changes, including, without limitation, if Guillermo becomes unavailable for meet and greet event or if taping of Jimmy Kimmel Live show is delayed, postponed or cancelled for any reasons. In the event that all or any portion of the Grand Prize, as described, is or becomes unavailable, such prize or portion of it is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion.
All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, meals, beverages, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses not specifically listed as part of a prize in these official rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are the responsibility solely of winner. GRAND PRIZE WINNER'S TRAVEL GUESTS MUST BE TWENTY-ONE (21) YEARS OF AGE OR OLDER AT THE DATE OF DEPARTURE TO ACCOMPANY THE GRAND PRIZE WINNER ON THE TRIP AND MUST TRAVEL ON THE SAME ITINERARY AND AT THE SAME TIME AS THE WINNER. EACH OF THE GRAND PRIZE WINNER'S TRAVEL GUESTS WILL BE REQUIRED TO SIGN A LIABILITY AND PUBLICITY RELEASE FORM PRIOR TO ISSUANCE OF TRAVEL DOCUMENTS. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution or cash equivalent will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize, or any portion of it, for one of equal or greater value should it become unavailable for any reason. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER AND WILL BE BASED ON THE ACTUAL RETAIL VALUE OF THE PRIZE.
One (1) grand prize winner will be selected based on a random drawing from among all eligible entries received during the Sweepstakes Period. The drawing will take place on or about September 1, 2009. Potential Grand Prize winner will be notified by e-mail or other means on or about September 15, 2009. If the sponsor or its representatives cannot reach the potential winner after three (3) attempts, or if the prize notification is returned as undeliverable, the potential winner will forfeit the prize and an alternate potential Grand Prize winner may be selected from all eligible entries, time permitting. Potential winner must comply with the official rules in order to be confirmed a potential prize winner. Winner and his or her travel companions must sign and return to Sponsor any required forms, including, without limitation, an affidavit of eligibility and prize acceptance, image/publicity release, and IRS-W9 forms, no later than fourteen (14) days after delivery of all forms. If any potential winner fails to comply with these official rules or fails to return all of the specified forms to the Sponsor within fourteen (14) days after delivery, that potential winner may be disqualified and an alternate potential winner will be selected by the Sponsor from all eligible entries, as set forth above, time permitting.
Sponsor and its respective affiliates and agencies are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in the printing or posting of the offer or official rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of the Sweepstakes is unlawful and subject to legal action by the Sponsor or their agents. The Sponsor reserves the right to terminate, withdraw or amend the Sweepstakes for any reason and without notice including, without limitation, if Sponsor determines that the Sweepstakes cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor's control corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. In the Sponsor suspects tampering or unauthorized intervention has occurred, Sponsor reserves the right to void the entries at issue or terminate the Sweepstakes and conduct a random drawing among all eligible entries received as of the termination date to award prize. The Sponsor and their affiliated companies and advertising and promotional agencies, and any telephone network or service providers are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
BY ACCEPTING A PRIZE, WINNER AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, VENDORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUPPLIERS AND All THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE WINNER'S PARTICIPATION IN THE SWEEPSTAKES AND THE ACCEPTANCE OR USE OF ANY PRIZE THAT MAY BE WON. SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY PRIZE. THE WINNER AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES. THE SWEEPSTAKES ENTITIESAND THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, VENDORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUPPLIERS AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SWEEPSTAKES.
By entering the Sweepstakes, winner grants the Sponsor, the Sweepstakes Entities and those acting their authority permission to use his or her name, likeness and voice for advertising and publicity purposes in any and all media throughout the universe without payment of additional consideration, except where prohibited by law.
Personal information collected from entrants during the Sweepstakes is subject to NIVEA FOR MEN’s privacy statement available at www.NIVEAFORMENusa.com and, except as otherwise provided in these official rules, will be treated in accordance with the terms of that statement. NIVEA FOR MEN may engage certain third party companies to perform services in connection with the administration of this Sweepstakes and information provided by entrants may be collected and used by those third parties for purposes of administration of the Sweepstakes and the fulfillment and verification of prize awards.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut. All federal, state and local laws apply.
By entering, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Connecticut or the appropriate Connecticut state court located in Fairfield County, Connecticut; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event include attorneys' fees, disbursements or court costs; (3) entrant waives any and all right to, or to seek, injunctive or other equitable relief in connection with any action arising out of, or connected with, the Sweepstakes or any prize awarded; and (4) under no circumstances will you be permitted to obtain awards for, and entrants hereby waive, all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs.
The Sweepstakes and all related web pages, content and code are copyrighted by NIVEA FOR MEN or a third party. Copying or unauthorized use of any copyrighted materials, trademarks, or any other intellectual property without the express written consent of its owner is strictly prohibited.
Winner will be listed by their full name and state on the NIVEA FOR MEN website: www.NIVEAFORMENusa.com for a period of fifteen days following October 31, 2009.