RB Health (US) LLC (“Sponsor”) is proud to sponsor TooSickToBeSick TikTok Video Challenge (the “Contest”). The purpose of the Contest is to engage consumers to share their videos depicting a fun Halloween transformation. The Contest is void where prohibited or restricted by law, is subject to applicable federal, state, provincial, and local statutes, rules, regulations, and other laws (each a “Law”) and is governed by these Official Rules. Entry in the Contest does not constitute entry into any other promotion, sweepstakes, or contest. The winner of the contest will be at the sole determination of the Sponsor in accordance with these Official Rules.
By entering the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and by the decisions of Sponsor, which shall be final and binding on all matters pertaining to the Contest. The following privacy rules apply to this Contest: (1) information obtained online from entrants in the Contest, e.g. through the entry form, shall not be shared with third parties other than as necessary or useful in connection with the Contest, (2) Sponsor may use such information to contact you (by email or otherwise) regarding the Contest, (3) while entrants’ privacy is very important to Sponsor, Sponsor cannot fully ensure that entrants’ personal information will not be disclosed to third parties; (4) the Contest Site is not intended for use by children under the age of 18 and Sponsor requests that such persons not submit any information in connection with this Contest (collectively, “Privacy Rules”). Such Privacy Rules and the Contest Site terms and policies are referred to in these Official Rules as the “Policies”). In the event there is an inconsistency between any of the Policies or any Contest promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. By entering the Contest, each entrant also agrees to comply with any and all applicable Laws in connection with his or her participation in the Contest.
The Contest is open to natural persons and teams of natural persons who are legal residents of the fifty (50) United States or the District of Columbia and, at the time of entry, are at least eighteen (18) years old or (if older) the age of majority in the entrant’s state of residence. Sponsor, its affiliated organizations, advertising and promotion agencies, the prize providers, any other company or organization involved with the design, sponsorship, or operation of the Contest, and each of their respective officers, directors, employees, and agents (collectively, the “Sponsor Parties”), and immediate family and household members of such individuals, are NOT eligible to enter the Contest. "Immediate family members" shall mean a person’s spouse and a person’s and their spouse’s parents, step-parents, legal guardians, children, step-children, siblings, and step-siblings, and each of their respective spouses. "Household members" shall mean those people who share the same residence, whether or not related.
To enter the Contest, entrants must submit an original video (a “Submission”) consisting of a video that complies with these Contest terms. To submit a Submission, entrants must post the TikTok videos with the hashtag #TooSickToBeSick. All entries must be received by the end of the Entry Period. Entries will not be acknowledged or returned. Proof of transmission of an entry does not constitute proof that it was received. Incomplete, unreadable, late, or unintelligible entries are void and will be disqualified. Limit of one (1) entry per person, whether submitting individually or as a member of a group. In case of multiple entries received from any person, social media account, or email address, only the first entry received from such person, social media account, or email address will be considered in the Contest. IF YOU SUBMIT AND ENTRY TO THIS CONTEST ON BEHALF OF A GROUP YOU ARE REPRESENTING AND WARRANTING THAT ALL GROUP MEMBERS HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF THESE RULES AND THAT YOU HAVE THE AUTHORITY TO SUBMIT YOUR ENTRY ON BEHALF OF ALL GROUP MEMBERS AND BIND ALL GROUP MEMBERS TO THESE RULES. BY ENTERING ON BEHALF OF A GROUP YOU ARE AGREEING TO THESE RULES ON YOUR BEHALF AND ON BEHALF OF ALL GROUP MEMBERS.
Each entry (including the Submission submitted with each entry and all other data, information, images, content, and other materials included in the entry) must comply with the following:
By entering the Contest, each entrant represents and warrants to Sponsor that:
There will be five (5) winners (each, a “Winner”) that will be selected between the end of the Entry Period and November 4, 2019 11:59 PM EDT.
Each Submission from an eligible entry will be judged in the Contest based on the following four criteria (the “Criteria”): (1) subject matter – Mucinex Nightshift, (2) artistic creativity and originality, (3) genuineness/authenticity of the content, and (4) adherence to requirements and rules, each of which will be given equal weight.
The chances of winning depend on the number of eligible entries received during the Entry Period and the quality of each entry as evaluated by the judge(s) on the basis of the judging criteria described in these Official Rules. Sponsor cannot predict or guarantee any specific number of eligible entries for this Contest. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The winning videos will be posted on TikTok’s Top View Page for one day on or about November 7, 2019.
Each Winner will be notified via TikTok.
By submitting an entry, each entrant irrevocably grants Sponsor and its designees the unconditional, irrevocable, and perpetual right and permission, royalty-free, to use the Submission and any other data, information, images, content, or materials included in such entry, in any media now known or hereafter devised, throughout the world for any purpose, including without limitation in any exhibition of any nature. Sponsor is not obligated to use any of the above-mentioned data, information, images, content, or materials, but may do so and may edit them in Sponsor's sole discretion, without further obligation or compensation. Each entrant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor's use of the entry or exercise of any rights granted to Sponsor and agrees not to sue or assert any claim against the Sponsor Parties with respect to such use.
By entering the Contest, each entrant agrees that neither the Sponsor Parties, nor any advertising or social media platform, such as Tik Tok, Facebook, Instagram, Twitter, Vimeo or YouTube, on which the Contest is advertised or through which it is accessed, shall be responsible for and, to the maximum extent permitted by Law, releases and holds harmless the Sponsor Parties and each such advertising or social media platform from and against, any and all claims, injuries, damages, liabilities, costs, expenses, or losses of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from (i) participation in the Contest; (ii) any breach or other violation by such entrant of these Official Rules, the Policies, or applicable Law; (iii) the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize); (iv) any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by entrant, printing errors, human error, or by any of the equipment or programming associated with or utilized in the Contest, (v) any damage to an entrant’s equipment (such as a computer system or mobile device) which is occasioned by accessing the Contest Site or participating in the Contest, (vi) miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions (including, without limitation, transmissions by email, social media (such as a private or direct messages, check-ins, tweets, and posts), and instant message); (vii) for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature; (viii) any entry, email, prize package, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged; (ix) any failure of any postal or delivery service; (x) any use of the entrant’s personal information, Submissions, and entries as permitted under these Official Rules; or (xi) any events beyond Sponsor’s reasonable control.
NEITHER SPONSOR NOR ANY OTHER SPONSOR PARTY, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, ANY PRIZE, OR THESE OFFICIAL RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH SPONSOR PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY “AS IS.” THE SPONSOR PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE CONTEST OR ANY PRIZE.
Sponsor reserves the right in its sole discretion to disqualify any entrant who Sponsor finds, in its sole discretion, to be tampering with the participation process or the operation of the Contest or the Contest Site, to be acting in violation of these Official Rules, to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by Law.
Sponsor shall have the right to modify, suspend, or terminate the Contest, at its sole discretion, at any time for any reason, including without limitation as a result of natural disaster, equipment failure, civil disturbance, fraud, financial, or administrative difficulties, technical problems (such as a computer virus/ bug), unauthorized intervention that corrupts the administration, security, fairness, integrity or proper functioning of the Contest, or other causes not within the control of the Sponsor. In addition, if, in the exclusive judgment of Sponsor, the Contest (or any portion thereof) becomes compromised in any way, Sponsor reserves the right, at its sole discretion, to cancel any method of entry, to void any entries submitted fraudulently, and/or to select winners from among all non-suspect eligible entries received prior to the act that compromised the promotion. Should the Contest ever be terminated prior to the Winner selection, Sponsor will post a notice on the Contest Site and will make alternate arrangements to award the prizes. Sponsor reserves the right to make changes in these Official Rules. Any such changes will become effective upon notice via online posting at the Contest Site or other means of wide dissemination.
Except where prohibited, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, this Contest, or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in the State of New Jersey; (ii) any and all claims made by entrant, and any and all judgments and awards in favor of entrant, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iii) 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 disputes concerning the Contest, the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each entrant and Sponsor in connection with these Official Rules or the Contest shall be governed by, and construed in accordance with, the Laws of the State of New Jersey and applicable United States federal Law, without giving effect to any choice of law or conflict of laws rules.
The Sponsor of the Contest is RB Health (US) LLC. For questions about the Contest, please contact Sponsor at 1-866-682-4639.
Nothing contained in these Official Rules or in any of the Contest materials should be construed as an endorsement by Sponsor of any third party, product, or service. Prize suppliers are not Sponsors of the Contest.
The Contest may be advertised on or accessed through one or more social media platforms, such as TikTok, Facebook or Twitter. However, the Contest is in no way sponsored, endorsed, or administered by, or associated with, any such platforms. Entrants agree to comply with all terms and policies governing such platforms in connection with the Contest.