BAUSCH + LOMB® horizon rewards $50 KOHL'S EGIFT CARD Instant Win Game
This Promotion is intended for viewing and participation in the 50 United States, Washington D.C., and Puerto Rico only and shall be construed and evaluated according to the laws of the 50 United States, Washington D.C., and Puerto Rico. Please do not enter if you are not a legal resident of, and not located in, the 50 United States, Washington D.C., or Puerto Rico at time of entry. VOID IN THE U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES AND POSSESSIONS, OR WHERE PROHIBITED OR RESTRICTED BY LAW.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
PROMOTION PERIOD: Starts October 1, 2019 at 12:00:00 AM Central Time ("CT") and ends December 31, 2019 at 11:59:59 PM CT (the "Promotion Period").
ELIGIBILITY: To enter and be eligible to win a prize, you must be a legal resident of the 50 United States, Washington, D.C., or Puerto Rico, (excluding residents of the U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited or restricted by law), be at least 18 years of age or older at the time of participation (except for residents of Alabama and Nebraska who must be at least 19 years of age), have a valid email address, and be a member of the “BAUSCH + LOMB® horizon rewards” Program (the “Program”) with a valid member account (“Member Account”). To register for the Program, go to BauschRewards.com. Membership is subject to the Official Program Terms and Conditions available at BauschRewards.com. Persons in any of the following categories are NOT eligible to participate or win a prize: (a) any person who, at any time on or after October 1, 2019, was or is a director, officer, agent, representative, or employee of Bausch Health US, LLC (“Sponsor”), or its parent, affiliates, subsidiaries, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Promotion or engaged in the administration or execution of this Promotion (collectively, with the entities listed in 2(a), the “Promotion Entities”); and (c) persons who are or purport to be immediate family members (defined as (biological or step-) mother, father, sister, brother, daughter, son, or dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Promotion Period, whether related or not) as any person in any of the preceding categories. Promotion is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: NO PURCHASE NECESSARY. Members of the Program may select the option to redeem Tokens earned in the Program to play the instant win game described in these Official Rules (“Game Play”) and available at BauschRewards.com (the “Website”) during the Promotion Period. Follow the instructions to log in, read and accept these Official Rules, and play the instant win game by redeeming 2 Tokens from your Member Account. You will earn one (1) Game Play after successfully redeeming your Tokens. All online Game Plays must be received by December 31, 2019 at 11:59:59 PM CT. For details on how to earn Tokens, see the Official Program Terms and Conditions available at BauschRewards.com.
NO PURCHASE NECESSARY: To enter without purchase and without redeeming Tokens, on a 3" x 5" card or piece of paper, hand-print your full name, complete address, phone number (with area code), date of birth and email address (this must be the email address associated with your Member Account) and mail it to: “BAUSCH + LOMB® horizon rewards $50 KOHL'S EGIFT CARD Instant Win Game, Free To Enter”, P.O. Box 522925, Miami, Florida 33152-2925.
Requests must be postmarked by December 31, 2019 and received by January 8, 2020. Only one (1) request per outer postmark allowed. Upon receipt of your request, you will be sent a link by email, which will allow you one (1) Game Play for this Promotion; the Promotion will remain open until January 14, 2020 at 11:59:59 PM CT after which time the link will become null and void. For the avoidance of doubt, if a potential entrant does not access the email link and redeem their Game Play by January 14, 2020 at 11:59:59 PM PT, then such entrant shall not receive any Game Play into the Promotion.
Game Play requests submitted by script, macro or other automated or mechanical means, Game Plays by any means which subvert the Game Play process and Game Plays made or requested in any fashion other than as specified herein are void. All Game Plays and Game Play requests become property of the Sponsor and will not be returned.
Prizes awarded in the Promotion are randomly time seeded throughout the Promotion Period and awarded to the first person who plays on or after the time the prize is randomly seeded. The time of day when you play the game during the Promotion Period , as recorded by the Website, will solely determine whether or not you are a Potential Winner.
After clicking the link to play the instant win game, a winning message will be displayed if you are selected as a potential winner (each a “Potential Winner” and, if verified, “Winner”). Potential Winners will be sent a "Play Receipt", including a unique Security Identification Code (SIC), to the email address you provided in the registration process. The Play Receipt and SIC will confirm the results of the applicable Game Play. Please keep this email for reference purposes. If you are not a Potential Winner, a losing message will be displayed on-screen after clicking the link to play the instant win game.
Limit of 20 Game Plays per person/email address/Member Account per day for the Promotion Period, regardless of method of participation. For the purposes of this Promotion, a day (“Day”) runs from 12:00:00 AM CT to 11:59:59 PM CT. If you play, or attempt to play, more than the specified number of times per Day using multiple email addresses, Member Accounts, or identities, all of your Game Plays may in Sponsor's sole and absolute discretion be declared null and void, and any prize you might have been entitled to will not be awarded. Robotic, programmed or any other automated means of online Game Play are prohibited and may Sponsor's sole and absolute discretion result in disqualification of all such Game Plays from the Promotion.
In the event of a dispute regarding the identity of a participant, the Game Play will be deemed to have been made by the “authorized account holder” of the email address submitted with the Program registration. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the registered email address. Each participant may be required to show proof of being an authorized account holder. If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.
PRIZES (25 available*):
The following prizes will be available during the Promotion Period:
$50 Kohl's eGift Card
Approximate retail value ("ARV") of each prize: USD $50.00. Any difference between stated approximate retail value and actual value of prize will not be awarded.
Total ARV of all of prizes available to be won: USD $1250.00.
*The number of prizes available to be awarded decrease as prizes are played for and/or won throughout the Promotion Period.
The odds of winning a prize depend on the total number of eligible Game Plays received during the Promotion Period and the time they are received during the Promotion Period.
Prizes are not transferable, or redeemable for cash, and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole and absolute discretion. Gift cards are subject to the terms, restrictions, and conditions as set by the issuer.
Winner acknowledges that Promotion Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to merchandise prizes, if any, including but not limited to their quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers' terms therefore, and Winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
All federal, state and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winner’s responsibility, regardless of whether a prize is used in whole or in part. All prize details are at the Sponsor's sole and absolute discretion.
HOW TO CLAIM YOUR PRIZE: Within approximately two (2) business days, a link or an online claim code for the prize will be emailed to the verified Winner’s email address as provided in the registration form with instructions on how to redeem the prize. If a Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or Sponsor is unable to contact a Potential Winner despite reasonable efforts to do so, as determined in the Sponsor’s sole and absolute discretion, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited at the Sponsor’s sole and absolute discretion. Potential Winner may be required to furnish proof of identification.
Promotion Entities shall not be held responsible for any delays in awarding a prize for any reason outside of their control. Prizes will only be delivered to verified Winners. Any unclaimed prize will not be awarded. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of participants.
By accepting a prize, each Winner agrees and consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Promotion or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited or restricted by law.
CONDITIONS OF PARTICIPATION:
By playing, participants (i) acknowledge and represent that they are in full compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by these Official Rules and the decisions of the Sponsor made in the Sponsor’s sole and absolute discretion, which shall be final and binding in all respects. Participants who have not complied with these Official Rules are subject to disqualification and all associated Game Plays will be void.
Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of requests/Game Plays. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. All requests/Game Plays become the property of Sponsor and in no case shall be returned to sender.
Sponsor reserves the right to disqualify any participant’s participation in the Promotion (and void all associated Game Plays) or entitlement to a prize if, in the sole and absolute discretion of the Sponsor, it determines or suspects that the participant has attempted to undermine the legitimate operation of the Promotion by tampering, cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any Game Plays or Tokens generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the Game Play process).
As a condition of playing, participants agree (and agree to confirm in writing): (a) to release Facebook, Twitter, Instagram, Promotion Entities, Sponsor, subsidiaries and affiliates of the Sponsor and the Promotion Entities, and each of their officers, directors, employees and agents (collectively, the “Released Parties”), from any and all claims, liability, loss or damage incurred with respect to participating in the Promotion, redemption of Tokens, or the awarding, receipt, possession, and/or use or misuse of any prize or any travel or activity related thereto.
Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 EVERY PARTICIPANT. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms and Conditions, or the rights and obligations of participant and Sponsor in connection with the Promotion, and/or for entering any judgment on an arbitration award, shall be governed by, and construed in accordance with, the substantive laws of the State of New Jersey without regard to New Jersey conflicts of laws principles. All participants consent to the jurisdiction and venue of the federal, state and local courts for Bridgewater, New Jersey.
Participants may be disqualified if Sponsor learns that the participant disparages the Sponsor during or after the Promotion Period. Participants should be aware that Sponsor retains the right to take legal action against participants who commit libel or slander against Sponsor during or after the Promotion Period.
Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify and/or suspend this Promotion at any time if the Promotion is not capable of being completed as planned, including, but not limited to, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes (such as force majeure events) impairs the administration, security, integrity or proper play of the Promotion.
Promotion Entities do not warrant that access to the Promotion will be uninterrupted. Promotion Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Promotion; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Promotion or the Program, Game Plays, or the offering or announcement of any prize or in any winner notification documents; or (d) for any other errors of any kind relating to or in connection with the Promotion, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Promotion; or (f) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion. Promotion Entities are also not responsible for lost, late, delayed, garbled, stolen, incomplete, misdirected, illegible, damaged or undelivered mail, email, Game Plays or Tokens. Proof of transmission (screenshots, etc.) does not constitute proof of delivery.
Any attempt by a participant or other individual, to deliberately damage any website or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Participants engaging in any of the foregoing activities may be disqualified (and all associated Game Plays will be void) and will forfeit any prize won. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
If a dispute arises relating to any prize won, a combination of factors will be assessed in determining if you are in fact eligible to win a prize: (a) the Play Receipt including the unique SIC, and its corresponding play data in the Promotion database will be reviewed to determine the legitimacy of the claim; and (b) the Sponsor will compare the pre-generated game data with the Game Play data you are presenting or have generated. Ultimately it will be the results of the Sponsor’s analysis, which will determine your entitlement to any prize. The review of any such dispute will not commence prior to two weeks following the Promotion end date noted herein. In the event the Sponsor’s analysis reveals valid claims are greater than the number of prizes available as set forth in these Official Rules, then Sponsor reserves the right to conduct a random drawing amongst all eligible claimants whose claims have not yet been redeemed, to award the remaining number of advertised prize in the category in question. Prizes will stop being awarded in the event Sponsor becomes aware of an error respecting the number of prizes. In no event will the Sponsor be liable for more than the stated number of prizes available in the category in question.
In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
No correspondence will be entered into except with Potential Winners.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
This Promotion is solely sponsored by Bausch Health US, LLC (“Sponsor”), 400 Somerset Corporate Boulevard, Bridgewater, New Jersey 08807 and is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram.
For a winners list, send a self-addressed postage stamped envelope to: “BAUSCH + LOMB® horizon rewards $50 KOHL'S EGIFT CARD Instant Win Game, Winners List”, P.O. Box 522925, Miami, Florida 33152-2925. All requests must be received by February 14, 2020. Winners list will be sent after all prizes have been awarded.