Balance Birchbox Instant Win Promotion Official Rules
No Purchase Necessary
Promotion Timing: The Balance Birchbox Instant Win Promotion (the “Promotion”) begins on February 1, 2017 and ends on November 30, 2017 (“Promotion Period”).
Eligibility: The Promotion is open to legal residents of the 50 United States and D.C., who are eighteen (18) years of age or older at the time of entry. Employees (and their immediate family members and/or those living in the same household) of NBTY, Inc., d/b/a United States Nutrition, Inc. (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”), Birchbox, their parent companies, subsidiaries, divisions, affiliates and related companies, and advertising and promotion agencies, (collectively with Sponsor and Administrator, the “Promotion Entities”) are not eligible to participate or win. All federal, state and local laws and regulations apply. Void where prohibited by law.
How to Participate: There are two ways to participate in the Promotion: there is no purchase necessary to participate in the Promotion. Purchase does not increase your chances of winning.
To participate by purchasing a Balance: During the Promotion Period, you may purchase a specially-marked individual bar or box of Balance. If you purchased a winning bar, your package will include a golden ticket with a winning code. To redeem your prize, visit Balance.com/Birchboxwinner (the “Website”) and follow the instructions to redeem your winning code. In order to receive your prize you must follow the redemption instructions on your golden ticket by December 31, 2017. Each code may only be redeemed once.
To participate without purchasing Balance: You may participate in the Promotion without making a purchase by sending your full name and complete mailing address: The Balance Birchbox Instant Win Promotion, PO Box 7739, Melville, NY 11775-7739. If you are determined an instant winner you will be sent a golden ticket with a winning code in order to redeem your prize. If you receive a winning code you may redeem your prize via the instructions indicated on the golden ticket. If you don’t receive a winning code your free game piece was not determined an instant winner and you will receive no further communication from the Sponsor. Limit one request per outer envelope. Mailed requests must be postmarked by November 30, 2017 and received by December 7, 2017. No mechanically reproduced mailed entries permitted. Not responsible for lost, late, illegible, mutilated, postage-due, misdirected entries, or entries not received in time for the mail receive by date.
Use of computer programs and other automatic means to redeem prize is prohibited. Redemptions generated by script or bot are prohibited. Normal Internet access and usage charges imposed by your online service provider may apply.
Instant Win Verification: All instant winners are subject to confirmation, verification of eligibility by Sponsor and compliance with these Official Rules in Sponsor’s sole discretion. All material submitted becomes the sole property of the Sponsor and will not be returned. If, due to an error of any kind, more winning golden tickets are printed/distributed, or more instant win prizes are claimed/redeemed than are intended to be awarded according to Rule #5, the intended instant prizes will be awarded in a random drawing from among all verified instant prize claims received. In no event will the Sponsor be obligated to award more than the stated number of prizes. Any unclaimed instant prizes will not be awarded. Failure to redeem the prize within this timeframe or return of prize as undeliverable may result in disqualification and forfeiture of prize.
Prize and Approximate Retail Values (“ARV”)/Odds of winning: Grand Prize (500): A one (1) year free subscription to Birchbox. The ARV of each Grand Prize is $110. Limit one (1) prize per winning game code. There is no limit to the number of prizes you can redeem. The approximate odds of winning an Instant Win Prize are 1:4, 374.
General Conditions: By participating, participants fully and unconditionally agree and accept to be bound by these complete Official Rules and the decisions of the Sponsor and Administrator, which shall be final. Taxes, related to the prizes, are the responsibility of the individual winners, as applicable. Except where prohibited, winners grant to the Promotion Entities the right to use, and publish his or her proper name, likeness, voice, opinions, entry, biographical information and state without additional compensation. Sponsor reserves the right to disqualify, and block or discard all requests from any individual who participates by any kind of unauthorized electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process as determined by the Sponsor in its sole discretion. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Promotion Entities are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incorrect, incomplete, ineligible or unintelligible redemptions; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond their control that may cause the Promotion to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of the prize, or from participation in the Promotion; or (vi) any printing or typographical error in any materials associated with these Official Rules or the Promotion generally. The Promotion Entities assume no responsibility for any injury or damage to participants or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with this Promotion. Sponsor may prohibit any participant or potential participant from participating in the Promotion, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other participant, Sponsor, or their agents or representatives; or (2) in any other disruptive manner. In the event of a dispute as to the identity of an online participant, the authorized account holder of the email address used will be deemed to be the participant. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Disputes: Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Nassau or Suffolk County New York; participant submits to sole and exclusive personal jurisdiction to said courts in the State of New York located in Nassau or Suffolk County for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards 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 any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant or the Promotion Entities in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Data Collection: Sponsor/Birchbox collects personal information from winners when they claim the prize for use in administration of the Promotion. When redeeming a winning game code at the Website, you may be asked to consent to receive promotional emails and information about Sponsor/ Birchbox. Consenting to receive such emails and information is optional, and is not required to claim your prize. The information collected is subject to the Privacy Policies of both Sponsor and Birchbox located at http://www.balance.com/privacy-policy/ and https://www.birchbox.com/about/privacy-policy, respectively.
Winners List: For the winners’ names, available on or about February 15, 2018, send a self-addressed stamped envelope by March 15, 2018 to: Balance Birchbox Instant Win Promotion Winners, 100 Marcus Drive (Dept. CR), Melville, NY 11747.
Sponsor/Administrator: The Sponsor is NBTY, Inc., d/b/a United States Nutrition, Inc., 2100 Smithtown Ave, Ronkonkoma, NY 11779. The Administrator is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747.