NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
1. ELIGIBILITY: The TENA® Caregivers’ Night Out Sweepstakes (“Sweepstakes”) is open to legal residents of the fifty (50) United States (and D.C.), who are at least eighteen (18) years of age at the time of entry. Employees (and their immediate families) of SCA Personal Care, Inc. (“Sponsor”), The A Team LLC (“Administrator”), Zeno Group and each of their respective parents, distributors, subsidiaries, affiliates, suppliers, advertising & marketing agencies, and persons living in the same household as such employees are not eligible to participate in the Sweepstakes. Sweepstakes is subject to all applicable federal, state, local laws and regulations and is void where prohibited by law. The Sweepstakes begins on October 19, 2009 at 12:01:01 a.m. Eastern Time and ends on November 30, 2009 at 11:59:59 p.m. Eastern Time (“Sweepstakes Period”).
2. HOW TO ENTER: Visit the TENA.us Web site at www.tena.us during the Sweepstakes Period and fill out the “Enter the Caregivers’ Night Out” Sweepstakes form. Sweepstakes form includes submission of a caregiving-related tip or piece of advice of at least 50 words, but no more than 100 words which may, in the Sponsor’s sole discretion, be featured in an upcoming TENA “Connecting Caregivers” email and/or featured on the TENA.us Web site. No mechanical submission of entries or facsimiles is permitted. Entries become the property of the Sponsor and will not be acknowledged or returned. Limit of one entry per person or email address.
3. PRIZES (45): There will be a total of forty-five (45) winners, one (1) for each of the prizes. Each winner will have the option of selecting one (1) restaurant gift card redeemable at the Olive Garden® family of restaurants or one (1) restaurant gift card redeemable at the Outback Steakhouse® family of restaurants. Approximate retail value of each gift card is $100. Additional terms and conditions of gift cards apply. Odds of winning will depend upon the number of eligible entries received. Winners are solely responsible for the payment of all federal, state and local taxes. Prizes are non-transferable and may not be redeemed for cash value or exchanged for any other prizes by winner. Sponsor reserves the right to substitute a prize of comparable value in its sole discretion. Limit one (1) prize per person.
4. DRAWING AND AWARDING OF PRIZES: Selection of the winners will take place on or about December 1, 2009 by means of a random drawing from all entries received during the Sweepstakes Period. Potential prize winners will be notified by mail or email on or about December 7, 2009. Potential winners may be requested to sign and return an affidavit of eligibility, liability/publicity release and an assignment of rights in and to all entry materials (collectively, the “Releases”) within 15 days of notification in order to be deemed a winner. If potential winner is unable to be reached within five (5) calendar days from the first notification attempt, fails to return the Releases within the time requested, or is otherwise not in compliance with these Official Rules, Sponsor may, in its sole discretion, disqualify such entrant and select an alternate potential winner from among the remaining eligible entries.
5. MISCELLANEOUS: Entrants agree to be bound by these Official Rules and by the decisions of the judges, which are final and binding in all respects. 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. Entrants found tampering with or abusing any aspect of this Sweepstakes, as solely determined by Sponsor or Administrator, will be disqualified. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil law, 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 reserves the right to terminate, cancel, suspend and/or modify the Sweepstakes if any fraud, virus or other problem corrupts the administration, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment. If any such malfunction, error, disruption or similar damage occurs and impairs the administration, security, fairness, integrity or proper play of the Sweepstakes, Sponsor may, in its sole discretion, suspend or terminate the Sweepstakes by posting a notice on www.tena.us. Sponsor and Administrator are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, delayed, lost, late, misdirected, illegible or garbled entries or computer transmissions or for any technical or human error which may occur in the processing of entries which may damage a user’s system or limit a participant’s ability to participate in the Sweepstakes. In the event of a dispute as to the identity of an entrant, entry will be declared made by the Authorized Account Holder of the email submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to the email address by an internet access provider, internet service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. The Administrator will be the sole judge of which entries are valid and its decision is final and binding. Entering the Sweepstakes constitutes permission to use the winner’s name , likeness, city and state of residence and all entry materials (with or without associating winner’s name with such materials) for purposes of commercialization, trade, advertising, marketing, promotion and publicity in all media whether now known or later developed without further compensation or notice. In addition, by entering the Sweepstakes, Sponsor has the right to use, edit, modify, alter and amend the entry materials without further compensation or notice. Without limiting the foregoing, Sponsor has the right to display each entrant’s entry on the TENA.us Web site and use such entry in TENA emails. By submission of any entry, entrants irrevocably assign to Sponsor any and all rights to their entry materials, including without limitation, all intellectual property rights therein. Entrants retain no rights in their entry materials.
6. LIABILITY & RELEASE: By participating in the Sweepstakes, you warrant and represent that: (a) your entry does not infringe any third party intellectual property rights and (b) has not been submitted previously in a promotion of any kind and (c) you will indemnify and hold harmless Sponsor, prize providers, Administrator, and each of their respective parents, distributors, affiliates, subsidiaries, directors, officers, employees and their advertising, promotional and judging agencies (the “Sweepstakes Entities”) from any claims and damages (including reasonable attorneys’ fees) arising from or related to the breach or alleged breach of your representations and warranties herein. By participating in the Sweepstakes, each entrant agrees to release and hold harmless Sweepstakes Entities from and against any and all liability, injuries, loss, claim, damages, or cause of action arising out of participation in the Sweepstakes or receipt or use, misuse or possession of any prize, including, but not limited to: (a) human error or unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, illegible or garbled entries; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons, including death, or property (including computers) which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, the entrant agrees that, by entering the Sweepstakes, (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. Entrants hereby acknowledge that Sweepstakes Entities 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.
WINNER’S LIST: For the names of the prize winners, send a self-addressed, stamped envelope to: ‘Caregivers’ Night Out’ Sweepstakes Winners List,P.O. Box 3894, Grand Central Station, New York, NY 10163. Requests must be received no later than 12/31/09.
Sponsor: SCA Personal Care, Inc., 2929 Arch Street, Ste. 2600, Philadelphia, PA 19104Administrator: The A Team, 232 Madison Avenue, New York, NY 10016.