NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. CONTEST ENTRY PERIOD: The Startup Collective by AVEENO® Contest (the “Contest”) begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, June 15, 2023 and ends at 11:59:59 PM ET on Sunday, August 13, 2023 (the “Contest Period”).
2. ELIGIBILITY: The Contest is open to legal residents of the 50 United States, including the District of Columbia, who, at the time of entry, are: (i) age 18 or older and (ii) a Black female-identifying person and (iii), the owner of a US-based small business in the skincare or haircare industry that is (a) at least 51% owned by a Black female-identifying person or (b) led by a Black female-identifying person who has the role of Chief Executive Officer (a “Company”) and that currently features an existing product/brand or technology which meets a need within the categories of skincare or haircare that: (a) blends science and nature to deliver real results for black consumers and (b) can be scaled for wider distribution (a “Product”) (each, an “Entrant”). Grand Prize winner and Finalists in the 2020-2022 AVEENO® Skin Health Startup Accelerator Contest shall not be eligible to enter or win the Contest and shall automatically be disqualified. Product must already exist and cannot be (A) in the ideation or development phase or (B) already in mass production. (i.e., the Product must not have been previously manufactured or produced in large quantities for distribution via retail and/or online stores). The Product must be available for commercialization within six (6) to eighteen (18) months. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of Kenvue Inc. (the “Sponsor”) and US Sweepstakes and Fulfillment Co. (the “Contest Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children and siblings and their respective spouses) of, and those living in the same household of, each, whether or not related, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
By participating in the Contest, Entrant (i) agrees to be bound by these Official Rules, including all eligibility requirements, and (ii) agrees to be bound by the decisions of Sponsor and the Contest Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest.
3. HOW TO ENTER: During the Contest Period, Entrants must visit www.aveeno.com/startup-collective (the “Contest Website”), complete the entry form in its entirety including Entrant’s contact information, company information, a photograph of herself (a “Photo”), upload a video at least 60 seconds but not to exceed 120 seconds in length where Entrant describes herself and the Product (a “Video”) and provide an essay, including a business/strategy plan, of up to 300 words describing why her Company should be selected as the winner of The Startup Collective by AVEENO® (an “Essay”), and submit the items above as instructed (collectively, the “Entry”).
BY SUBMITTING AN ENTRY, ENTRANTS WARRANT THAT NO INFORMATION PROVIDED AS PART OF THE ENTRY IS OR CAN BE DEEMED CONFIDENTIAL OR PROPRIETARY, CONSIDERED A TRADE SECRET OR PRIVILEGED.
Each Entrant understands and acknowledges that: i) Sponsor has wide access to ideas, designs, protocols, methodologies and other materials (collectively, “Concepts”), and those other Concepts at large are constantly being independently submitted to it or being independently developed by Sponsor’s own employees; ii) many Concepts may be competitive with, similar to, or identical to content in the Entrant’s Product; iii) Entrant will not be entitled to any compensation as a result of Sponsor’s use in Concepts of any material of Concepts similar to or identical with Entrant’s Product that has or may come to Sponsor from sources other than Entrant. Except where prohibited by law, each Entrant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection by any such Concepts of the Entrant’s copyright, patent or other intellectual property right in and to the Product. Finally, each Entrant acknowledges that, to the maximum extent permitted by law, with respect to any claim by Entrant relating to or arising out of any of Sponsor’s use of independent Concepts similar or identical to the Product submitted by such Entrant in connection with the Contest, the damage, if any, thereby caused to the applicable claiming Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Product, and, to the extent permitted by applicable law, Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover in an action at law out-of-pocket costs (if any) associated with entering the Contest.
No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Entrant will be treated as trade secrets, confidential information, or as protected data.
Each Entry must include an original Company, Essay, Photo and Video. Multiple Entries from any Company will be void.
There is a limit of one (1) Entry per Company. All Entries must be received between Thursday, June 15, 2023 at 12:00:01 AM ET and Sunday, August 13, 2023 at 11:59:59 PM ET. All entries become the property of the Sponsor and will not be acknowledged or returned.
Once an Entry is submitted it cannot be modified by an Entrant. Released Parties, as defined below, are not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete Entries will be accepted.
4. ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:
- Entrant should be the primary subject of the Photo/Video. No other individuals may appear in the Photo or Video, without express, written permission from such individuals. If Photo/Video features a minor under the age of majority in their state of residence, Entrant must obtain written permission from the minor’s legal guardian.
- Photos/Videos must conform to the format and size requirements and limitations of the Contest Website. The maximum Photo file size is 10MB. The maximum Video file size is 300MB and must not exceed 60 seconds in length.
- Entry cannot contain content that is irrelevant to the purpose of the Contest.
- Each submitted Essay and Photo/Video must be original and not violate the rights of any third party.
- No duplicate Essays, Photos or Videos or substantially similar Essays, Photos or Videos, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Photo or Video taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo or Video from the photographer and/or videographer, and shall provide evidence of same if and when requested.
- Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry cannot be violent or promote firearms/weapons.
- Entry cannot contain or promote alcohol, illegal drugs or tobacco.
- Entry cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethnic, racial, gender, religious, professional or age group.
- Entry cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Entry cannot depict illegal activity and cannot itself be in violation of any law.
- Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
By submitting an Entry, the Entrant understands and grants to the Sponsor and its respective designees, assigns, and licensees (collectively, “Licensed Parties”) an irrevocable, perpetual, non-exclusive worldwide license to use their Entry (including, but not limited to, the Essay, Photo, and Video embodied herein), name, recordings, voice, performance, hometown, likeness and statements on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide in any and all media now or hereafter devised, without compensation, permission or notification, except where prohibited by law. Licensed Parties reserve the right in their sole and absolute discretion to alter, change or modify any Entry, which includes the Essay, Photo or Video, as it sees fit, without approval from or notification to such Entrant. Entries must be truthful and verifiable and Sponsor reserves the right to verify information contained in the Entry. Released Parties (as defined below) are not responsible for any invalid or incorrect information provided by an entrant.
By submitting an Entry, Entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Photo and Video; (c) Entrant owns all rights to the Product and the Entry (including, but not limited to, the Essay, Photo and Video embodied therein), including without limitation, copyrights, and has received prior written permission from a third party if any Photo/Video was photographed/recorded by someone other than the Entrant herself; and (d) Entrant will indemnify and hold harmless the Released Parties from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of her representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.
ENTRIES POSTED TO THE CONTEST WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
5. JUDGING AND FINALIST DETERMINATION: All eligible Entries received during the Contest Period will be judged by a panel appointed by the Sponsor beginning on/around August 14, 2023 who shall use the criteria set forth below to determine each Entry’s total judging score (the “Judging Score”):
- Product/Brand or Technology Overall (40%)
- Addresses skincare or haircare need(s) of Black consumers
- Contains a blend of science and nature
- Presentation/Pitch Effectiveness (30%)
- Strategy/Business Plan (30%)
The five (5) Entries that receive the highest Judging Score based on the judging criteria will each be deemed a potential finalist (each, a “Finalist”). In the unlikely event of a tie, the tied Entry with the highest score in Criterion A, “Product/Brand, or Technology Overall”, will be deemed the potential Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential Finalist from among the tied Entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the potential Finalist. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above. At the same time as Finalist determination, the Entries that received the next two-highest scores will be notified of their status as an alternate in the event a Finalist is not able to participate in the Pitch Event (described below) and there is sufficient time, as determined by Sponsor in its sole discretion, for such alternate to be able to participate in the Pitch Event . Fewer than five (5) Finalists may continue on to the Pitch Event without liability to the Sponsor or its designees of any kind, at Sponsor’s election. Sponsor reserves the right to not provide all prizes if it does not receive a sufficient number of eligible and qualified Entries or Finalists.
6. FINALIST NOTIFICATION AND VERIFICATION: Potential Finalists will be contacted by the Administrator by email or phone on/around the week of August 28, 2023, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release (collectively, "the Releases"), an IRS W-9 Form, proof of their ownership of the Company to Sponsor’s satisfaction, a confidentiality agreement agreeing to keep the results of the Pitch Event confidential until the public announcement by the Sponsor, and any other paperwork as required by Sponsor. Noncompliance will result in disqualification and an alternate potential Finalist may be notified.
Noncompliance will result in disqualification and the Entrant with the next highest Judging Score will be deemed a potential Finalist. If a potential Finalist is otherwise eligible under these Official Rules but is nevertheless deemed a minor in her state of primary residence, the potential Finalist’s parent or legal guardian will be required to execute and return the Releases on minor’s behalf, and to provide the other required documentation.
Potential Finalists may also be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity will not bring Sponsor and its respective affiliated entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or Sponsor, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential Finalist on the basis of the findings resulting from such background check or if a potential Finalist fails to properly authorize and/or provide the required information in connection with such background check.
7. PITCH EVENT: The Finalists will attend a virtual pitch competition (the “Pitch Event”) to present their Company and Product to a panel of judges comprised of representatives from Sponsor (the “Pitch Judges”). Pitch Event will be recorded and consist of a 5-minute maximum presentation by each of the Finalists and a Q&A session with the Pitch Judges to take place during the month of September 2023. All Finalists must be available on the dates/times specified by Sponsor (TBD). Dates are subject to change. Sponsor will provide each Finalist with a description of the program, Pitch Event requirements and timing upon each Finalist being verified in accordance with the requirements set forth herein.
8. GRAND PRIZE, FIRST RUNNER-UP PRIZE AND SECOND RUNNER-UP PRIZE WINNERS DETERMINATION AND ANNOUNCEMENT:
Finalists will participate in the Pitch Event and their presentation will be judged by the Pitch Judges, who shall use the criteria set forth below to determine each Finalist’s total judging score (the “Pitch Score”):
- Product/Brand or Technology Overall (40%)
- Addresses skincare or haircare need(s) of Black consumers
- Contains a blend of science and nature
- Presentation/Pitch Effectiveness (30%)
- Strategy/Business Plan (30%)
The Finalist that receives the highest Pitch Score based on the judging criteria will be deemed the potential Grand Prize winner. The Finalist that receives the second-highest Pitch Score based on the judging criteria will be deemed the potential First Runner-Up Prize winner. The three (3) remaining Finalists will each be deemed a Second Runner-Up Prize winner. In the unlikely event of a tie, the Finalist from among those tied with the highest score in this Section 8, Criterion A, “Product/Brand, or Technology Overall”, will be deemed the potential winner of the prize at issue. If additional tie breakers are needed, the highest scores in each of this Section 8, Criteria B through C, in sequence (to the extent needed) will determine the potential winner for that prize. In the event additional tiebreakers are needed, all tied Finalists will be asked a series of additional questions by the Pitch Judges and scored using the same Pitch Event judging until the winner for that prize is determined. Sponsor reserves the right to not award all prizes if, in its sole discretion, there are not enough qualified Finalists and/or presentations to the Pitch Judges.
The potential Grand Prize, First Runner-Up Prize and Second Runner-Up Prize winners will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Waiver and Release from Liability, an IRS W-9 Form and where allowable, a Publicity Release. Noncompliance will result in disqualification and the Entrant with the next highest Pitch Score will be deemed the potential winner of such prize.
9. PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
Prize money shall be awarded by check. The consultation and prize money components of the prizes will be awarded within approximately 45 days of winner confirmation. Prize Winners will be announced on or around October 7 or 8, 2023. Consultation topic options to be determined by Consultants (as defined below) based on Sponsor’s review of winner’s business needs. Sponsor to determine consultants participating from their respective companies in each of their sole discretion.
- Grand Prize: There is one (1) Grand Prize available to be won. Grand Prize consists of (i) ONE HUNDRED THOUSAND DOLLARS USD ($100,000) awarded to the winner’s Company and (ii) five (5) one-hour consultations with AVEENO or Sponsor, as designated by Sponsor (collectively, “Consultants”). The total ARV of the Grand Prize is: ON HUNDRED TWO THOUSAND FIVE HUNDRED DOLLARS USD ($102,500).
- First Runner-Up Prize: There is one (1) First Runner-Up Prize available to be won. First Runner-Up Prize consists of (i) FIFTY THOUSAND DOLLARS USD ($50,000) awarded to the winner’s Company and (ii) one (1) one-hour virtual consultations with AVEENO or Sponsor, as designated by the Consultants. The ARV of the First Runner-Up Prize is: FIFTY THOUSAND FIVE HUNDRED DOLLARS USD ($50,500).
- Second Runner-Up Prizes: There are three (3) Second Runner-Up Prizes available to be won. Each Second Runner-Up Prize consists of one (1) one-hour virtual consultations with AVEENO or Sponsor, as designated by the Consultants. The ARV of each Second Runner-Up Prize is: FIVE HUNDRED DOLLARS USD ($500).
- The total maximum ARV of all prizes available to be awarded: ONE HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED DOLLARS USD ($154,500).
10. PRIZE CONDITIONS: Non-cash portions of prizes are not redeemable for cash. Prizes are not assignable, substitutable nor transferable. No substitution is permitted by winners. If prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value.
Winners are responsible for all federal, state, local and income taxes as well as any other costs and expenses associated with winning a prize not specified herein as being provided. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor or US Sweepstakes and Fulfillment Co. Limit one (1) prize per Company. All prize details are at Sponsor’s sole discretion.
11. PUBLICITY GRANT: Except where prohibited by law, entry and acceptance of prize constitute permission for Sponsor to use winner's name, Company and Product name, prize won, Entry, hometown, likeness, video recording(s), photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
12. GENERAL: Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold Sponsor, the Administrator, and each of their respective parents, subsidiaries, affiliated companies, and all other businesses involved in the Contest, as well as their employees, officers, directors and agents of each (collectively, the “Released Parties”), from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages.
Although subsequent attempts to submit an Entry may be received, only the first complete Entry received from a particular Entrant and/or Company will be eligible; subsequent attempts by the same person or Company to enter, including Entries submitted with an alternate email address or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant and such Entrant must comply with these Official Rules. Authorized Account Holder means the natural person to whom the email address is registered. Any Entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged, delayed, stolen, garbled, incomplete, inaccurate, or illegible Entries, email, mail or other communications of any kind; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer or other device related to or resulting from participating in the Contest.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect Entries or individuals from the Contest and any contest it sponsors and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prizes from among the eligible, non-suspect Entries received up to the time of the impairment using the winner determination procedure set forth above and/or as otherwise deemed fair and appropriate by Sponsor.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, COMMUNICABLE DISEASES, STATE EMERGENCY ACTIONS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE(S) TO WINNERS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
13. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
15. DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Kings County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Brooklyn, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Brooklyn, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
17. OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see www.aveeno.com/startup-rules or send a self-addressed, stamped envelope by August 13, 2023, to: The Startup Collective by AVEENO® Contest Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.
18. WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after October 1, 2023), send a stamped, self-addressed envelope (no later than October 31, 2023), to: The Startup Collective by AVEENO® Contest Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.
19. SPONSOR: Johnson & Johnson Consumer Inc., 199 Grandview Road, Skillman, NJ 08558.
20. ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044.
Void outside the US, in Puerto Rico, the Virgin Islands, Guam and wherever else prohibited by law.
Copyright © 2023 Johnson & Johnson Consumer Inc. All trademarks used herein are the property of its respective owners in the United States and abroad. All rights reserved.