The AVEENO® Baby Eczema Flares Over Time Program (“Program”) is offered by Johnson & Johnson Consumer Inc. (“JJCI”), located at 199 Grandview Road, Skillman, NJ 08558. THIS PROGRAM IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH BYTEDANCE LTD., TIKTOK, OR INSTAGRAM.
PLEASE NOTE THAT BY ENTERING IN THIS PROGRAM, YOU SIGNIFY, CONSENT, AND AGREE THAT JJCI MAY USE YOUR SUBMISSION IN AVEENO® BABY VIDEO(S) (“VIDEO”) AND/OR SHARE YOUR SUBMISSION ON THE AVEENO® WEBSITE AND SOCIAL CHANNELS AND OTHERWISE USE THE SUBMISSION AS SET FORTH BELOW.
1. Elegibilidad. This Program is open to legal U.S. residents currently residing in the 50 United States including the District of Columbia, who are eighteen (18) years of age or older and are the legal guardian or parent of the minor who is the subject of the submission, who is up to seven years old and who has been diagnosed with eczema by his/ her healthcare provider. Employees, officers, and directors of JJCI, its parent, subsidiaries, affiliates, operators, franchisees and all of their respective advertising, promotion, or fulfillment agencies, promotional partners, and entities involved in the development, implementation, or handling of the Program and other persons associated with the Program (collectively, the “Program Entities”), as well as the immediate family (spouse, parents, siblings, children, step-parents, step-siblings, and step-children, regardless of where they live) and same household members of each such employee, officer, director, or representative (whether or not related) are not eligible to participate in the Program. All applicable federal, state, and local laws and regulations apply. Participation constitutes participant’s full and unconditional agreement to these submission terms (“Terms”) and to JJCI’s decisions, which are final and binding in all matters related to the Program. JJCI has the sole authority to decide which Submissions may be featured in the Video, if any. Without limitation to the terms and conditions herein, selection of a Submission to be featured in the Video is contingent upon participant fulfilling all requirements set forth herein.
2. How to Submit: You must be a member of Instagram or TikTok (as applicable) and your account must be set to the “public” setting in order to participate. If you do not have an Instagram or TikTok account, you can get one for free. All applicable platform terms and policies apply. To submit: (1) post to your personal TikTok or Instagram feed/page a video sharing your child’s or legal ward’s eczema journey; (2) tag @Aveenobaby (Instagram) or @AveenobabyUS (TikTok) (as applicable); and (3) include #freeproduct (“Submission”). Submissions must be received by 5pm on October 1, 2023. Submissions that do not include all required hashtags and/or tags will not be eligible. Submission must comply with all requirements set forth in these Terms to be eligible. Limit one (1) Submission per person. Multiple Submissions from any participant will be void. Submissions become the property of Sponsor.
ADDITIONAL SUBMISSION REQUIREMENTS:
Submission must be the original work of the participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
As determined by the JJCI, in its sole discretion, all Submissions:
MUST NOT discuss personal medical conditions or other health information that you don’t want to be public – Submissions may be featured in a Video, re-posted by Aveeno® owned and operated sites and channels;
MUST NOT include any minor that is not the child or legal ward of the participant;
MUST include a minor that is diagnosed with eczema by his/ her healthcare provider;
MUST NOT discuss or disclose personal information regarding an individual other than the participant and the participant’s child or legal ward, or otherwise invade privacy rights of any person;
MUST NOT provide or refer to any medical advice;
MUST NOT include any personal identification, such as street address, e-mail address or phone number;
MUST NOT include names, voices, visuals of any third parties, including, but not limited to, minors that are not the participant’s child or legal ward, celebrities and friends, who have not expressly authorized participant to display their image or likeness, or include public or private figure look-alikes;
MUST NOT be obscene, sexually explicit, or suggestive; be unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; be profane or pornographic; endorse a hate group or contain nudity below the waist;
MUST NOT promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
MUST NOT defame, misrepresent or contain disparaging remarks about JJCI, its products or services, or other people or companies;
MUST NOT contain trademarks, logos, or trade dress owned by others, without permission, such as include clothing with visible logos, cartoons, or phrases, distinctive packaging, or building exteriors/interiors, to the extent permission is necessary;
MUST NOT plagiarize content from any source or contain copyrighted materials owned by others (including music, photographs, sculptures, paintings, performances and other content or works of art or images published, broadcast, or streamed on or in websites, television, movies or other media); and
MUST NOT communicate messages or images inconsistent with the positive images and/or good will to which JJCI wishes to associate; or violate any law.
Grant of Rights: By submitting a Submission, participant explicitly grants to JJCI and its licensees, successors and assigns an irrevocable, perpetual, unlimited, worldwide, royalty-free license to reproduce, distribute, display, exhibit, publicly display and publish, edit, create derivatives of, and otherwise use the Submission and all elements of such Submission (including the video), together with any other material, and the name, user name, city and state of residence, voice, image and/or likeness of participant (including, but not limited to, profile photo) and participant’s child or legal ward featured in the Submission, with or without first and/or last name credit to the participant or the participant’s child or legal ward, in any and all media now known or hereafter devised, including online and social media sites, including, but not limited to, Instagram, Facebook, TikTok, and the brand website, in any manner, in whole or in part, without compensation or notification to, or approvals or permission from or to participant or any third party, for any purpose whatsoever, including without limitation, for purposes of advertising or trade. Submissions that attempt to restrict this right will not be considered. Participant agrees that, if required by JJCI, he/she will sign documents to this effect. Program Entities are not responsible for any unauthorized use of Submissions by third parties. JJCI has no obligation to make use of the rights granted herein.
Upon submission of the Submission, you agree that JJCI may contact you via social media, including on TikTok and Instagram by sending you a direct message, tagging you, or naming you on JJCI’s social media page.
Each participant warrants and represents that his/her Submission complies with these Terms. Program Entities reserve the right in their sole and unfettered discretion to disqualify any Submission that they determine is inappropriate or not suitable for publication, that does not comply with these Terms, or that is not consistent with the spirit or theme of the Program.
Multiple participants are not permitted to share the same TikTok or Instagram account (as applicable). Any attempt by any participant to obtain more than the stated number of Submissions by using multiple and different identities, or accounts, or any other methods will void that participant’s Submissions, and that participant may be disqualified at JJCI’s discretion. Proof of submission of Submission will not be deemed proof of receipt by JJCI.
3. Free Sample:
While supplies last, following receipt of each eligible Submission, JJCI shall use commercially reasonable efforts to ship one free unit of Aveeno Baby Eczema Therapy Balm (subject to supplies, 5 oz or 1 oz) to the participant’s home address. You acknowledge and agree that the JJCI is not providing medical advice, treatment or diagnosis of any medical condition in connection with this Program. If you have questions about your or your child’s or legal ward’s medical condition, please contact his/ her healthcare provider.
Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of the free product not specifically stated herein are the sole responsibility of the individual participants. Free product cannot be substituted, assigned, transferred, or redeemed for cash; however, JJCI reserves the right to substitute a product of comparable or greater value, at its sole discretion. Limit one (1) per household.
4. Selection of Videos to be featured by Aveeno Baby:
Making a Submission as part of this Program does not guarantee that your Submission (or any Submission) will be used as part of the Video. All Submission (if any) will be selected by JJCI, in its sole and absolute discretion. If JJCI selects your Submission for use as part of a Video, it may decide to only use part or portions of your Submission. JJCI makes no guarantee that any Submissions submitted for consideration as part of this Program will be ultimately selected for use as part of a Video. Please understand that you will have no approvals over the final Video if your Submission is selected. JJCI does not guarantee that all Submissions initially selected for use in a Video will ultimately appear as part of the Video.
Participants who submitted a Submission potentially selected for use in a Video will be notified from Aveeno Brand social handle via the platform they used to enter via direct message. Such participants will have forty eight (48) hours to respond to the initial notification by providing additional contact information including an email address. Such participants will be sent via email from JJCI’s agency, Golin Harris International, a Consent and Release (“Release Document”), which must be executed and returned within five (5) days of issuance. If any such participant does not respond to the initial notification within the forty eight (48) hour period, return all Release Document(s) within the specific period, or in the event that any such participant is not in compliance with these Terms or is disqualified for any reason or does not wish to have their Submission used in the video, such participant will be disqualified.
5. General Conditions: This Program is governed by the laws of the United States. Participation constitutes participant’s full and unconditional agreement to these Terms and to JJCI’s decisions, which are final and binding in all matters related to the Program. JJCI’s failure to enforce any term of these Terms shall not constitute a waiver of that provision.
ADVERTENCIA: ANY ATTEMPT BY AN PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, JJCI RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. JJCI reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any platform, or the legitimate operation of the Program; to violate the Terms; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Program is not capable of running as planned, JJCI may, in its sole discretion, void any suspect Submissions and (a) cancel or terminate the Program (or any portion thereof); or (b) modify the Program or suspend the Program to address the impairment and then resume the Program in a manner that best conforms to the spirit of these Terms.
6. Nature of Relationship/Waiver of Equitable Relief: Each participant understands and acknowledges that the JJCI has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each participant also acknowledges that many ideas may be competitive with, similar or identical to the Submissions or each other in theme, idea, format or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of JJCI’s use of any such similar or identical material. Each participant acknowledges and agrees that the JJCI does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submissions. Finally, each participant acknowledges that, with respect to any claim by participant relating to or arising out of JJCI’s actual or alleged exploitation or use of any Submissions or other material submitted in connection with the Program, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submissions or any material based on or allegedly based on the Submissions, and the participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
7. Release and Limitations of Liability: By participating in this Program, participants agree that JJCI, its affiliates, successors, and assigns, TikTok and ByteDance Ltd., Meta Platforms, Inc. (dba Instagram), and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) for lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); 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 or the Program; (4) technical, typographical, mechanical, network, human or other error which may occur in connection with the Program, including but not limited to, errors or problems which may occur in connection with the administration of the Program, distribution of the free product, or in any Program-related materials; or (5) for lost, late, incomplete, damaged, stolen, misdirected, garbled, inaccurate, or illegible Submissions, posts, comments, direct messages, emails, or other communications of any kind.
BY PARTICIPATING IN THIS PROGRAM, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE FREE PRODUCT, ENTRY, THE VIDEO OR PARTICIPATION IN THIS PROGRAM OR IN ANY PROGRAM-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY ACTION CANNOT BE TAKEN DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
8. Disputes. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts 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 Program, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant 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 Terms, or the rights and obligations of the participant and JJCI in connection with the Program, 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 (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
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