NO PURCHASE NECESSARY TO ENTER OR WIN PRIZES
This NIVEAŽ FOR MEN "GEAR UP for GAME DAY" Sweepstakes ("Sweepstakes") is sponsored by Beiersdorf, Inc., PO Box 662, Wilton, CT 06897 (referred to in these official rules as "Nivea" or "Sponsor"). The 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 results of the Sweepstakes are final 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 a prize depends solely on the number of eligible entries received.
SWEEPSTAKES
Nivea reserves the right to verify the eligibility of all winners. The Sweepstakes begins at 12:00 a.m. EST on Sept 11, 2004, and ends at 11:59 p.m. EST on December 5, 2004 (the "Sweepstakes Period"). An entry must be received by Nivea during the specific weekly drawing period set forth below to be eligible for the applicable weekly prize. All entries received before 11:59 p.m. EST on December 5, 2004 will be eligible for the drawing for the grand prizes.
There will be a total of twelve (12) successive drawings for the weekly prizes, a follows:
Week One: Begins at 12:00 a.m. EST on Sept 11, 2004, and ends at 11:59 p.m. EST on Sept 17, 2004.
Week Two: Begins at 12:00 a.m. EST on Sept 18, 2004, and ends at 11:59 p.m. EST on Sept 24, 2004.
Week Three: Begins at 12:00 a.m. EST on Sept 25, 2004, and ends at 11:59 p.m. EST on Oct 01, 2004.
Week Four: Begins at 12:00 a.m. EST on Oct 02, 2004, and ends at 11:59 p.m. EST on Oct 08, 2004.
Week Five: Begins at 12:00 a.m. EST on Oct 09, 2004, and ends at 11:59 p.m. EST on Oct 15, 2004.
Week Six: Begins at 12:00 a.m. EST on Oct 16, 2004, and ends at 11:59 p.m. EST on Oct 22, 2004.
Week Seven: Begins at 12:00 a.m. EST on Oct 23, 2004, and ends at 11:59 p.m. EST on Oct 29, 2004.
Week Eight: Begins at 12:00 a.m. EST on Oct 30, 2004, and ends at 11:59 p.m. EST on November 5, 2004.
Week Nine: Begins at 12:00 a.m. EST on November 06, 2004, and ends at 11:59 p.m. EST on November 12, 2004.
Week Ten: Begins at 12:00 a.m. EST on November 13, 2004, and ends at 11:59 p.m. EST on November 19, 2004.
Week Eleven: Begins at 12:00 a.m. EST on November 20, 2004, and ends at 11:59 p.m. EST on November 26, 2004.
Week Twelve: Begins at 12:00 a.m. EST on November 27, 2004, and ends at 11:59 p.m. EST on December 3, 2004.
ELIGIBILITY
The Sweepstakes is only open to legal residents of the fifty United States and the District of Columbia who: (1) are eighteen years of age or older at the time of entry; and (2) have a valid e-mail address and Internet access prior to the beginning of the Sweepstakes Period. Employees, officers and directors of Nivea and its parents, subsidiaries, and their respective consultants, agents and suppliers, as well as those individuals' immediate families (defined as parents, spouses, children, siblings and grandparents) are not eligible to enter or to win.
HOW TO ENTER
No purchase is necessary to enter or to win prizes.
To enter the Sweepstakes, join NIVEA FOR MEN Club Blue (if not already a member). Membership in NIVEA Club Blue is free and without any obligation. To join NIVEA Club Blue, follow the link listed on the NIVEA website, or enter the URL printed on the sweepstakes card (www.NIVEApromo.com/gearup or www.NIVEApromo.com/oilcontrol) or complete your information at the online sweepstakes kiosks at participating Nivea For Men events. Complete in full and transmit the entry form, including your name, address and e-mail address. After submitting the required information on the entry form, you will receive one entry into the Sweepstakes. Membership in NIVEA Club Blue is required of all entrants; if you are not a member of NIVEA Club Blue, you must join NIVEA Club Blue to enter the Sweepstakes. There is a limit of one entry per person for each of the twelve weeks of the Sweepstakes Period. Entrants can therefore enter once for each of the weekly prizes, for a maximum of twelve (12) entries per person, regardless of whether that person has more than one e-mail address. Eligible entries not selected for a weekly prize will not be eligible for subsequent weekly prizes but will be eligible for all grand prizes.
All entries in the Sweepstakes become the exclusive property of Nivea. Receipt of entries will not be acknowledged, nor will proof of submission of an entry form be deemed proof of receipt. Nivea is not responsible for lost, late, incomplete, invalid, or misdirected entries, which will be disqualified. 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. 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 winners may be required to show proof of being the authorized account holder.
WINNER SELECTION
Weekly winners: One (1) weekly prize winner will be selected at the end of each weekly period based on a random drawing from among all eligible entries received for that week only.
Grand prize winners: Seven (7) grand-prize winners will be selected based on a random drawing from among all eligible entries received during the Sweepstakes Period. The grand prize drawing will take place on or before December 20, 2004. Each potential weekly and grand-prize winner will be notified by e-mail on or about December 30, 2004. If Nivea cannot reach a potential grand-prize winner or weekly winner after three attempts, or if the prize notification is returned as undeliverable, that potential winner will forfeit the prize and one alternate winner will be selected from all eligible entries.
PRIZES
Seven (7) grand prizes. Each grand prize is a Sony PlayStation 2 game console (prize includes one game controller). (ARV: $175.00 each.)
Twelve (12) weekly prizes. Each weekly prize is a football autographed by an NCAA football coach. (ARV: $50.00 each.) Winner of a weekly prize will not be entitled to select from among the autographed footballs available. No transfer, substitution or cash will be awarded in lieu of stated prizes except in Sponsor's sole discretion. Sponsor may substitute a prize with one of comparable or greater value, at its discretion. Prizes will be awarded "as is," with no warranty or guarantee, either express or implied.
Limit: one (1) grand prize and one (1) weekly prize per person.
WINNER NOTIFICATION AND COMPLIANCE
Each potential winner must comply with the official rules in order to be confirmed as the winner of a prize. Each potential winner must sign and return to Nivea any required forms, including, without limitation, an affidavit of eligibility and prize acceptance, and image/publicity release, no later than fourteen days after delivery of all forms to him. If a potential winner fails to comply with these official rules or fails to return all of the specified forms to Nivea within fourteen days after delivery, that potential winner will be disqualified and an alternate winner will be selected by Nivea from all eligible entries, as set forth above.
All expenses not expressly listed as part of a prize are the winner's sole responsibility. Each winner is responsible for any applicable taxes and fees. Nivea reserves the right to verify the eligibility of all winners, even after selection.
ADDITIONAL LIMITATIONS
Prizes are non-transferable. Nivea and its 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 Nivea or its agents. Nivea reserves the right to terminate, withdraw or amend the Sweepstakes for any reason and without notice including, without limitation, if Nivea suspects tampering has occurred, voiding the entries at issue or terminating the Sweepstakes and conducting a random drawing among all eligible entries received as of the termination date to award prizes. Nivea, its 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.
INDEMNIFICATION AND LIMITATION OF LIABILITY
BY ACCEPTING A PRIZE, EACH WINNER AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS NIVEA, ITS 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 THAT WINNER'S PARTICIPATION IN THE SWEEPSTAKES AND THE ACCEPTANCE OR USE OF ANY PRIZE THAT MAY BE WON. NIVEA DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY OF THE PRIZES. EACH WINNER AGREES TO EXECUTE ANY DOCUMENT CONTAINING THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
NIVEA, ITS 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.
Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prizes 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 including attorneys' fees, disbursements or court costs; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs.
PUBLICITY
By submitting an entry form, the winner grants Nivea and those acting under its authority permission to use his name, likeness, or comments for advertising and publicity purposes without payment of additional consideration, except where prohibited by law.
GOVERNING LAW
All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants and Nivea 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 of 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.
INTELLECTUAL PROPERTY
The Sweepstakes and all related web pages, content and code are copyrighted by Nivea 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.
WHO WON
The winners' names will each be listed by full name and state on the Nivea website for a period of fifteen days following December 30, 2004.