Terms and Conditions
BANANA BOAT TRIVIA TUESDAY GIVEAWAY
- Eligibility. The Banana Boat Trivia Tuesday Giveaway (“Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry. Officers, directors, and employees of Sweepstakes Entities (as defined below), immediate family members (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside) and/or those living in the same household of such persons (whether or not related thereto) are not eligible to participate or win. “Sweepstakes Entities” shall include Banana Boat (“Sponsor”), and its parent company, subsidiaries, affiliates, advertising/marketing agencies and their respective directors, officers, employees or agencies, partners, and prize suppliers. By entering the Sweepstakes, participants (“Entrants”) are bound by and agree to these Official Rules. All federal, state, and local laws and regulations apply. Void where prohibited by law.
- Timing: The Sweepstakes will take place one Tuesday a month for eight (8) consecutive months starting at 8:00 AM Eastern Time (“ET”) and ending the same day at 4:00 PM ET. The Sweepstakes begins on Tuesday, May 31, 2022 and will continue as per the stated intervals through and including December 20, 2022 (each a “Promotion Event” and collectively the “Promotion Period”) as follows:
- Tuesday, May 31, 2022
- Tuesday, June 21, 2022
- Tuesday, July 26, 2022
- Tuesday, August 30, 2022
- Tuesday, September 27, 2022
- Tuesday, October 24, 2022
- Tuesday, November 29, 2022
- Tuesday, December 20, 2022
4. Selection of Winner/Odds. There will be one (1) winner per Promotion Event, selected from the sub-set of Entrants who answer the trivia question correctly (“Qualifying Entrant”). One (1) Qualifying Entrant will be selected from among all eligible entries received by the entry deadline in a random drawing on the same day as the respective Promotion Event. The drawing will be conducted by the Sponsor, whose decisions are final on all matters relating to the drawing and to this Sweepstakes. The odds of winning depend on the number of eligible entries received.
5. Winner Announcement and Notification. Winner will be announced by Sponsor on the day of the Promotion Event as outlined by this section. Sponsor will announce the winner in an Instagram Story posted to the Banana Boat Instagram page on or about 6:00 PM ET on the day of the Promotion Event (“Winner Announcement”). For Instagram entries, Sponsor will send the winner a direct message on Instagram and for email entries, Sponsor will notify the winner via email at the email address provided at time of entry. To receive the prize, the winner must: (a) contact Sponsor on Instagram or by email (bananaboatsocial@gmail.com ) within seven (7) days of the Winner Announcement to redeem their prize and to provide a valid mailing address to the Sponsor to be used for delivery of the prize; and (b) sign and return a winner affidavit of eligibility/liability and publicity release (the “Affidavit”) to Sponsor within seven (7) days of the Winner Announcement. If a winner does not redeem the prize, fails to timely complete and return the Affidavit or if the prize notification is returned as undeliverable within three (3) days of the Winner Announcement, the prize will be forfeited, and Sponsor will award the prize to an alternate winner selected randomly from the original pool of Qualifying Entrants, at the Sponsor’s discretion. If by reason of printing, computer, or Internet malfunction or error, or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes. Winner is responsible for all federal, state, and local taxes, if applicable.
6. Prizes . There is one (1) prize per Promotion Event. The prize consists exclusively of the following: (1) An assortment of Banana Boat products; (2) $50 VISA® Gift Card. The prize is non-transferable and non-refundable, and no substitutions or cash redemptions by Entrants will be permitted. In the case of unavailability of any prize, Sponsor in its sole discretion reserves the right to substitute a prize of equal or greater value. The approximate retail value (“ARV”) of the prize is $100. In no event will more than the stated number of prizes be awarded. All expenses not specifically listed herein are the responsibility of winner .
7. Prize Delivery. Winner will be sent the prize by mail within 2-4 weeks of receipt of winner’s mailing address. Sponsor shall not be responsible for any delays or damage in the delivery of the prize and/or loss of any prize in connection with delivery of the prize via mail. Sponsor shall not be responsible if the prize cannot be delivered due to an incorrect mailing address or for lost or misdirected requests.
8. Conditions. By participating, Entrants and winner(s) agree to release and hold harmless the Sweepstakes Entities, their respective advertising and promotion agencies, parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related activity; claims arising from tax liabilities of winner(s) and/or claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action; and claims arising from merchandise delivery. Entrants who do not comply with these Official Rules, or who attempt to interfere with this promotion in any way shall be disqualified.
9. General Rules. Claims may not be resolved through any form of class action. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sweepstakes Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize(s). Sweepstakes Entities assume no responsibility for undeliverable electronic communications resulting from, for example, any form of active or passive email filtering by a user's Internet service provider and/or email client or for insufficient space in user's email account to receive email. If an Entrant submits more than the stated number of entries permitted, and/or if the Sponsor suspects that an Entrant attempted to obtain additional entries by using multiple accounts, identities or any other method, all entries submitted by the Entrant may be declared null and void. Any entries which are suspected of being fraudulent (including those using robotic, automatic, programmed or similar methods of participation) will be disqualified, based on determinations made solely by the Sponsor. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and will be prosecuted to the fullest extent of the law. Sweepstakes Entities are not responsible for technical, hardware, software or electronic malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications, or by any of the equipment or programming associated with or utilized in this Sweepstakes that may limit the ability to participate, or by any human error that may occur in the processing of the entries in this Sweepstakes. If for any reason, (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sweepstakes Entities, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), the electronic portion of the Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. In the event of termination, a notice will be posted online, and the drawing will be conducted from among all eligible automatic entries received prior to termination. The Sweepstakes Entities do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of the prize(s) including, without limitation, quality, merchantability and fitness for a particular purpose.
10. Release: All Entrants and winner(s) agree to release and hold harmless the Sweepstakes Entities and Instagram, and their respective subsidiaries, affiliates, partners, representatives, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, agents, successors or assigns (collectively, the “Released Parties”) 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 Sweepstakes or receipt or use or misuse of any prize.
11. Privacy and Use of Data. Sponsor is committed to ensuring that Entrant privacy is protected. All Entrants agree that any personal information (ex. contact information, address, phone number, email address, etc.) provided may be collected and used in connection with administering the Sweepstakes, including, but not limited to, contacting and announcing any winners. Additionally, use of information provided by Entrants will be governed by the privacy policy available at: https://www.bananaboat.com/pages/privacy-policy. Please review the Sponsor’s privacy policy. By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
12. List of Winners. To obtain the names of the winners, send a self-addressed, stamped envelope, no later than one (1) week after the conclusion of the Promotion Event, to: Banana Boat Marketing Team, ATTN: Banana Boat Trivia Tuesday Giveaway, 6 Research Drive, Shelton, CT 06484.
13. Governing Law & Venue. Except where prohibited by law, all disputes concerning this Sweepstakes, or the administration of this Sweepstakes shall be settled in Connecticut under the laws of the State of Connecticut.
14. Entrant Submissions/License Granted to Sponsor. By submitting a submission, Entrants expressly acknowledge and agree that Entrant and only Entrant will be responsible for the content of his or her submissions and for any consequences that may arise therefrom. When Entrant submits (or attempts to submit) an entry, Entrant automatically grants to Sponsor and its affiliates, an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licensable, non-exclusive right and license to display, distribute (including, without limitation, through third-party sites, blogs, microblogs and other social networking media and Internet resources), store, host, broadcast, webcast, transmit, distribute, tag, reproduce, edit, modify, delete, create derivative works, and/or otherwise use, reuse, assign, and/or otherwise exploit that submission and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in that submission, in any manner, medium or content now known or hereinafter devised, for any purpose, as determined solely in Sponsor’s (or its authorized designees/licensees') sole discretion, without the requirement for any compensation to Entrant or anyone else, or the need to require additional consent from Entrant or anyone else, or the need to provide prior notification or any credit to Entrant or anyone else.
15. Sponsor. Banana Boat, c/o Edgewell Personal Care Brands, LLC, 6 Research Drive, Shelton CT, 06484.