NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. BY SUBMITTING AN ENTRY, YOUR ENTRY MATERIALS, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS ON SPONSOR’S WEBSITE, CONSUMER ELECTRONIC DEVICE APPS, OR SOCIAL MEDIA PLATFORMS.
SPONSOR: RB Health (US) LLC, 399 Interpace Parkway, Parsippany, NJ 07054-0225.
CONTEST PERIOD: The Mucinex “Mucinex Missing Booth Contest” (the “Contest”) begins at 12:01 AM Eastern Time (“ET”) on October 21, 2022 and ends at 11:59:59 PM ET on October 22, 2022 (“Contest Period”). Sponsor’s computer is the official timekeeping device for this Contest. Participation and entry into the Contest are free. There are a total of three (3) Event Locations where the Contest will take place during the Contest Period (each, a “Market”) as follows:
Gansevoort Plaza, New York, NY
Wynwood Marketplace, Miami, FL
Santa Monica Pier, Los Angeles, CA
ELIGIBILITY: Contest is open to legal residents of the forty-eight (48) Contiguous United States and the District of Columbia who are 18 years of age or older, not Medicare or Medicaid recipients and who are located within 100 miles of one of the Markets at the time of entry ("Entrants"). Void in AK, HI and outside the forty-eight (48) Contiguous United States, the District of Columbia, and where prohibited and restricted by law. Employees, officers, directors, agents and representatives of RB Health (US) LLC (“Sponsor”); Legend PR (“Agency”), Don Jagoda Associates (“Contest Administrator”), iHeartMedia + Entertainment, Inc. (“Prize Partner”), their respective parent companies, subsidiaries, affiliates, officers, directors, governors, owners, partners, distributors, retailers, advertising/promotion/service agencies, dealers, licensors, agents, suppliers, and independent contractors, (collectively, the “Contest Entities”) and each of their immediate family members and/or those living in the same household (defined as spouses, parents, siblings and children and anyone else residing in their same household) are not eligible for the Contest. All federal, state and local laws and regulations apply. The Contest is subject to all applicable federal, state, and local laws, rules, and regulations.
Entrants, at their option and discretion, may elect to "opt-out" to not receive future marketing and promotional communications from Sponsor. Choosing to "opt-out" or "opt-in" will not affect Entrants' chance of winning.
- Entries must be in English. Entries must comply with the length limitations, as applicable.
- Entry must be your original idea (modification of an original work is not an original idea). Entries must not copy or otherwise plagiarize from any source.
- The Entry must not have been submitted previously in a giveaway or promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.
- The Entry must not contain content that is known by you to be false, inaccurate or misleading.
- Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified. Entries must not contain content that is inappropriate, indecent, profane, obscene, hateful, tortious, defamatory, slanderous, libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group), violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), or illegal (e.g., underage drinking, substance abuse, computer hacking, etc.).
- The Entry must not contain or depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination, including without limitation, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. The Entry must not contain or depict material that is threatening to any person, place, business, group, or world peace or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group.
- The Entry must not contain any content that infringes or may infringe third party rights, including, without limitation, any copyright, name, trademark, logo, trade dress, or other personal or proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, charities, slogans, political, or religious statements), or be otherwise objectionable. Without limiting the generality of the foregoing, Sponsor references are permitted to be included in entries submitted for this Contest.
- The Entry must not include any mention of celebrities, athletes, musicians, or any other third-party (public or private), include any anti-social, political or religious groups, any commercial solicitation or promotional materials or name, address, phone number, or URL address. Entries must not contain advertisements, personal solicitations or commercial solicitations.
- The Entry must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
- Entrants and all submitted entries must be in keeping with Sponsor's image as determined by Sponsor, in its sole discretion, or Entry will be disqualified from the Contest. The Entry must not disparage persons or organizations associated with Sponsor.
JUDGING: At the conclusion of the Contest Period, all eligible Entries per Market will be judged by Agency-determined judges to determine; ten (10) Dinner gift cards, ten (10) Holiday gatherings, nine (9) Vacation gift cards, five (5) Celebratory events; one (1) iHeartRadio Jingle Ball and five (5) Theatre gift card winners, based on the following judging criteria (“Judging Criteria”): Originality/Creativity (30%), Storytelling ability (30%), Relevance to Theme (20%) and Ability to evoke emotions in the judges (20%). Final judging will be completed on or about October 31, 2022. Decisions of the judges are final and binding on all matters relating to this Contest. Under no circumstance will information regarding judging be shared with Entrants. Being declared a winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. In the event of a tie, tied Entries will be re-judged based 100% on Originality/Creativity.
PRIZES AND THEIR CORRESPONDING APPROXIMATE RETAIL VALUES (“ARV”). A Total of one hundred and twenty (120) prizes will be awarded as follows, there are 40 per Market: ten (10) winners per Market will receive a Dinner Gift Card; consisting of one (1) five hundred dollars ($500) Sponsor designated gift card; ten (10) winners per Market will receive a Holiday Gathering Gift Card: consisting of one (1) five hundred dollars ($500) Amazon gift card; nine (9) winners per Market will receive a Vacation Gift Card; consisting of one (1) five hundred dollars ($500) Sponsor designated gift card; five (5) winners per Market will receive a Celebratory Event; consisting of one (1) five hundred dollars ($500) check, made payable to the confirmed winner; one (1) winner per Market will receive a iHeartRadio Jingle Ball; consisting of two (2) tickets to attend the iHeartRadio Jingle Ball in their respective city NY ARV: $1,217; LA ARV: $914; Miami ARV: $451.50; and five (5) winners per Market will receive a Theatre Gift Card; consisting of one (1) five hundred dollars ($500) Ticket Master card gift card. Total ARV per Market: NY ARV: $20,717; LA ARV: $20,414; Miami ARV: $19,951.50; Total ARV for all Prizes: $61,082.50. All federal, state and/or local income and other taxes on the actual value of the prize are each winner’s sole responsibility. The iHeartRadio Jingle Ball Tickets are subject to Terms and Conditions thereon and seating will be designated by Sponsor. All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. In the event, for whatever reason, the iHeartRadio Jingle Ball is postponed or cancelled, winner will receive a prize of equal or greater value, in Sponsor’s sole discretion. Prizes are not transferable. Allow 4 to 6 weeks from prize verification (as outlined below) for delivery of any prizes. Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion of prize) with one of comparable or greater value should the prize become unavailable for any reason. Sponsor shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any prize provided pursuant to the Contest and/or any person’s participation in the Contest.
ADDITIONAL CONDITIONS FOR IHEARTRADIO JINGLE BALL TICKETS: Use of any iHeartRadio Jingle Ball tickets is subject to the standard terms, conditions, and health and safety policies applicable to the ticket. Seat locations at iHeartRadio Jingle Ball and, unless otherwise stated in the prize description, exact iHeartRadio Jingle Ball date shall be determined in the sole discretion of Sponsor. Winner’s guest must be 18 years of age or older. iHeartRadio Jingle Ball and times are determined in the sole discretion of Prize Partner and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal music festival/event, as defined by Prize Partner, is not held or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest agree to comply with all applicable venue regulations in connection with the Prize. Sponsor and Prize Partner reserve the right to remove or to deny entry to the winner and/or his/her guest who engage in an illegal activity or in a disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the iHeartRadio Jingle Ball. Contest Entities (as defined above) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any iHeartRadio Jingle Ball. Winners and guests must follow any required COVID Protocols in order to attend the event/festival. iHeartRadio Jingle Ball tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the iHeartRadio Jingle Ball ticket.
NOTIFICATIONS / RELEASES: Potential prize winners will be notified via email on or about November 7, 2022 (the “Notification”). In the event a potential prize winner cannot be reached via the Notification, the Notification is undeliverable, a potential prize winner does not respond with the required information by the date indicated within the Notification, or if it is determined by Sponsor, Agency or the Independent Administrator, in their sole discretion, that a potential prize winner is not eligible in accordance with or otherwise not in compliance with these Official Rules, such potential prize winner will be disqualified (without compensation of any kind) and the prize will be awarded to an alternate prize winner based on the judging criteria outlined above from among all remaining eligible Entries received for that Market during the Contest Period. In the event that a potential prize winner is disqualified for any reason, Sponsor/Agency/Independent Administrator shall have no liability or obligation to such individual, Administrator will attempt to contact up to three (3) alternate potential prize winners should an original prize winner not respond in order to award the prize. In the event that none of the three (3) alternate potential prize winners respond to the Notification, the prize will not be awarded.
The potential iHeartRadio Jingle Ball winners and guest will be required to verify their eligibility by digitally completing and securely signing a Declaration of Compliance, Liability Waiver, Assignment of Rights and Publicity Release, where legal (the “Declaration”) within three (3) days or less from the date that the Declaration was sent by the Independent Administrator. If the potential Prize winner fails to submit the Declaration within the time period required, the potential Prize winner forfeits his/her/their right to the prize and an alternate will be determined as further outlined above.
Each potential gift card and Celebratory event winners will be required to verify their eligibility by completing and returning a Prize Claim Form and Publicity Release/Assignment of Rights, where legal (the “Prize Claim Form”) within three (3) days or less from the date that the Prize Claim Form was sent by the Independent Administrator. If a potential Prize winner fails to return the Prize Claim Form within the time period required, the potential Prize winner forfeits his/her/their right to the prize.
All prizes will be awarded provided a sufficient number of eligible Entries are received during the Contest Period. Sponsor and Independent Administrator are not responsible for any change of email address, mailing address of Entrants. No more than the stated number of prizes will be awarded. Limit one (1) prize per household. IF SPONSOR SO ELECTS, A POTENTIAL PRIZE WINNER MAY BE REQUIRED TO SUBMIT TO A CONFIDENTIAL BACKGROUND CHECK TO CONFIRM ELIGIBILITY AND HELP ENSURE THAT THE USE OF ANY SUCH PERSON IN ADVERTISING OR PUBLICITY FOR THE CONTEST WILL NOT BRING SPONSOR INTO PUBLIC DISREPUTE, CONTEMPT, SCANDAL, OR RIDICULE OR REFLECT UNFAVORABLY ON THE CONTEST AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION. All Entries submitted become the sole property of the Sponsor. In no event will the Sponsor be obligated to award more than the stated number of prizes. Use of automated entry devices or programs is prohibited. The Sponsor and its agencies assume no responsibility for any injury or damage to entrants or to any other person’s computer or web-enabled device relating to or resulting from entering or downloading materials or software in connection with the Contest.
RELEASE: By receipt of a prize, each prize winner agrees to release and hold harmless the Contest Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize. Sponsor, Contest Entities, and each of their employees and agents 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 including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
PUBLICITY: Except where prohibited, each prize winner by acceptance of the prize, grants to the Sponsor and Contest Entities the right to publicize his/her name (first name and last initial), address (city and state of residence), photograph, voice, statements and/or other likeness and prize information in any and all media now known or hereafter devised, for advertising, trade and other purposes, throughout the world, in perpetuity, in any manner, without limitation and without additional compensation, consideration, notification or permission, unless prohibited by law. Each prize winner agrees to participate in such reasonable publicity as may be requested by Sponsor. For purposes of administrating the Contest and awarding the prizes, Sponsor may disclose or transmit such personal information to third parties rendering services in relation to the Contest, including but not limited to the Contest Administrator.
LIMITATIONS OF LIABILITY: Contest Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) 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 of the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's or any guest's participation in the Contest or receipt or use or misuse of any prize. If for any reason an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another Entry in the Contest, provided that if it is not possible to award another Entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to do the judgings from among all eligible Entries received per Market up to the date of discontinuance for any or all of the prizes offered herein.
GENERAL CONDITIONS: Sponsor is not responsible for Entries that are not received for any reason, including any computer, online, telephone, human error, technical malfunctions, lost, late, incomplete, invalid, unintelligible or misdirected Contest registrations. Sponsor reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. In the event the Contest Entities are prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Contest Entities' control (each a “Force Majeure” event), the Contest Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without notice or further obligation. If the Contest Entities, in their discretion, elect to abbreviate, cancel or terminate the Contest as a result of a Force Majeure event, Sponsor, the Contest Administrator and the Contest Entities reserve the right, but shall have no obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure event. In the event of a dispute as to the identity or eligibility of a prize winner based on an e-mail address, the prize winner will be declared as the “Authorized Account Holder” of the e-mail address at the time that the Entry is made. An “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned an e-mail address by an Internet access provider, on-line 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 ask any Entrant or a potential prize winner to provide Sponsor with proof that such party is the authorized account holder of the e-mail account associated with the Entry. In the event a winning Entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning Entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate prize winner. No more than the stated number of prizes will be awarded. If production, technical, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes from among all legitimate, un-awarded, eligible Entries received per Market. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor reserves the right to cancel, suspend and/or modify this Contest, or any part of it, if any fraud, technical failures (whether due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud), or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any Entry to be received by Sponsor on account of technical problems, human error, or any combination thereof.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located 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 Contest, but in no event attorneys' fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant 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 Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, 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, which would cause the application of the laws of any jurisdiction other than the State of New Jersey. Entrants expressly agree that any legal proceedings arising out of or relating in any way to this Contest or these Official Rules shall be brought only in the federal or state courts located in the State New Jersey, and consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Contest-related materials, including but not limited to the Contest entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT – NEW JERSEY RESIDENTS: The following provision applies to residents of the State of New Jersey. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by state or federal law. These Official Rules are intended to comply with TCCWNA. In the event of a conflict between these Official Rules and the TCCWNA, the terms of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. The following provisions of these Official Rules shall not be applicable to New Jersey residents: (i) provisions which limit Sponsor’s liability for any tortious action or breach of contract by Sponsor; and (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by Sponsor.
WINNERS LIST/OFFICIAL RULES: For the names of the winners (or Official Rules), available after November 1, 2022, send a stamped, self-addressed envelope postmarked by October 17, 2022, to: Mucinex Missing Booth Contest Winners or Official Rules (Attn: CC), 100 Marcus Drive, Melville, NY 11747.
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