THIS OFFER IS INTENDED FOR VIEWING AND PARTICIPATION IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING FLORIDA, TEXAS, AND HAWAII). VOID IN FLORIDA, TEXAS, HAWAII, PUERTO RICO, OUTSIDE THE UNITED STATES AND WHERE PROHIBITED. OFFER AVAILABLE WHILE SUPPLIES LAST.
1. ELIGIBILITY: The "Walgreens Excedrin® Free Offer Giveaway" (the "Offer") is open only to legal residents of the United States and the District of Columbia (excluding Florida, Texas, and Hawaii), who are 18 years of age or older, and who are the direct and intended recipients of a printout ("Printout") as described below.
2. OFFER DETAILS: Between February 24, 2013 and May 19, 2013, or while supplies last, whichever is sooner ("Offer Period"), selected Walgreens customers shopping with a major credit card may receive a printout including a code ("Code") along with their cash register receipt. Between February 24, 2013 at 12:00:00 AM ET Eastern Time ("ET") and May 28, 2013 at 11:59:59 PM ET ("Redemption Period"), visit www.ExcedrinThankYou.com ("Website") to redeem your Code for a free Excedrin® Extra Strength 24 ct product ("Product") (Approximate Retail Value: $4.99 each) to be sent by mail. At the Website, you will be required to enter your date of birth and follow the directions to register your full name, mailing address, city, state, zip code, email address, and the Code provided on the printout. Once you enter your Code, you will also be requested to read and accept these Official Terms and Conditions. Product will be shipped within 6-8 weeks of the end of the Redemption Period, subject to verification of participant eligibility and while supplies last. A total of 33,000 Products are available. Limit one (1) Product per household throughout the Offer and Redemption Periods.
Participants, by accepting a Product, are responsible for all applicable federal, state and local taxes, if any, as well as all fees and expenses associated with acceptance and use of the Offer not specified herein as being provided. No returns are permitted. Offer is not transferable or substitutable, except in the sole discretion of Sponsor. No group or organization requests will be honored. Sponsor reserves the right to modify or replace the Product with an item of equal or greater value at any time during the Offer and Redemption Periods.
Each Code may be used only one (1) time. Sponsor reserves the right to invalidate Codes entered on the Website if it determines, in its sole and absolute discretion, that such Codes were improperly entered, including, without limitation, technical failures of any kind, malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Offer, or that the Codes were obtained fraudulently. Sponsor reserves the right to delay the processing of any Codes without notice to you, in order to assure compliance with the Official Terms and Conditions outlined herein. Without limiting any other remedies, Sponsor may suspend or terminate your participation in the Offer if Sponsor suspects that you have engaged in fraudulent activity in connection with this Offer. Codes do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Codes are not redeemable for cash, transferable or assignable for any reason. The sale or transfer of Codes is strictly prohibited.
3. GENERAL CONDITIONS: Offer may be withdrawn, canceled, or otherwise terminated without prior notice for any reason. Offer is subject to change at the sole discretion of Novartis Consumer Health, Inc. ("Sponsor"). Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, damaged, or garbled requests or Codes, for incorrect input of any Code, or for any errors or problems that may occur in connection with this Offer. Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connection, availability, or accessibility or miscommunications, or failed computer, satellite, telephone or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions or other errors of any kind whether human, mechanical, electronic, typographical, computer, printing or otherwise relating to or in connection with the Offer, including, without limitation, errors which may occur in connection with the administration of the Offer, the processing of Codes, or in any Offer-related materials. Should the administration of the offer be compromised by bugs, worms, viruses, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or submission of information, Sponsor reserves the right at its sole discretion to terminate the Offer. By participating, you agree (i) to be bound by these Terms and Conditions and the decisions of Sponsor, which are final and binding, and (ii) to release and hold harmless Sponsor, Marketing Drive LLC, Wunderman Worldwide LLC, and their respective parents, subsidiaries, affiliates, retailers, advertising and promotion agencies and all of their respective officers, directors, employees and agents (collectively, "Released Parties")
from any liability for any injuries, losses or damages of any kind, including death to persons or property resulting in whole or in part, directly or indirectly from participation in this Offer or use of the Product, including any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE OFFER, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS OFFER WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE OFFER. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Any failure to abide by the Official Terms and Conditions, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Offer may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Offer, as well as forfeiture of any Codes entered and/or any other benefits earned in connection therewith, in Sponsor's sole and absolute discretion.
As a condition of participating in this Offer, participant: (1) agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Offer, shall be governed by, and construed in accordance with, the laws of State of New Jersey, without giving effect to any choice of law or conflict of law rules; (2) consents to the jurisdiction and venue of the federal, state and local courts for Parsippany, New Jersey; (3) agrees that any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Offer, but in no event attorneys’ fees; (4) agrees that under no circumstances will participant be permitted to seek recovery for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased; (5) agrees that all causes of action arising out of or connected with this Offer, or any Product, shall be resolved individually, without resort to any form of class action; and (6) agrees to be bound by these Terms and Conditions and the decisions of Sponsor, which are final and binding, without right of appeal, with respect to all aspects of the Offer, including without limitation, eligibility of participants and validity of Codes.
In the event of any conflict between any Offer details contained in these Official Terms and Conditions and any Offer details contained in any Offer materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Offer as set forth in these Official Terms and Conditions shall prevail.
These Terms and Conditions constitute the entire agreement between Offer participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Offer is subject to all applicable federal, state and local laws. For questions about this offer, please call 1-800-468-7746 and reference "Excedrin® Extra Strength sample pack".
©2013 Novartis Consumer Health, Inc U_04954-01