This Sweepstakes is intended for viewing and participation in the 50 United States and Washington D.C., only, and shall be construed and evaluated according to the laws of the 50 United States, and Washington D.C. Please do not enter if you are not a legal resident of, and not located in, the 50 United States or Washington D.C. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
THESE OFFICIAL RULES CONTAIN AN AGREEMENT TO ARBITRATE DISPUTES.
- SWEEPSTAKES PERIOD: Multiple entry deadlines apply. Starts August 16, 2019, at 12:00:00 AM Eastern Time (“ET”) and ends December 31, 2019 at 11:59:59 PM ET (“Sweepstakes Period”).
- SPONSOR: This Sweepstakes is solely sponsored by Bausch Health US, LLC (“Sponsor”), 400 Somerset Corporate Boulevard, Bridgewater, New Jersey 08807.
- ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States or Washington, D.C., be at least 18 years of age (except for residents of Alabama and Nebraska, who must be at least 19 years of age), and have a valid Instagram account. Void in Puerto Rico, the U.S. Virgin Islands, other U.S. territories and possessions, and where prohibited by law. 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 August 16, 2019, was or is a director, officer, agent, representative, contractor, or employee of Bausch Health Companies Inc., or its parent, affiliates, subsidiaries, franchisees, distributors, sales representatives, retailers, and advertising, promotion, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Sweepstakes or engaged in the administration or execution of this Sweepstakes (collectively, with the entities listed in 3(a), the “Sweepstakes Entities”); (c) healthcare professionals (including but not limited to physicians, optometrists, opticians, nurses, nurse practitioners, physician assistants, medical assistants, office technicians, dentists, dental assistants, dental hygienists, medical residents, pharmacists and other individuals in the position to arrange for or recommend Bausch Health products); and (d) persons who are the immediate family members (defined as spouse, parent, child, sibling, and each of their respective spouses, as well as step-mother/ father, sister, brother, daughter, son, 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 Sweepstakes Period, whether related or not) as any person in any of the preceding categories. Sweepstakes is subject to all applicable federal, state and local statutes, regulations, rules, orders, and other laws.
HOW TO ENTER: NO PURCHASE NECESSARY. See Rule #5 for details on how to enter without posting on Instagram or purchasing any product. During the Sweepstakes Period, post on Instagram.com (the “Website”), using your Instagram account, including a photo or short video (up to three (3) seconds) of yourself (including your eyes) after using “LUMIFY® redness reliever eye drops”, and tag your post with the hashtags #LUMIFYChallenge and #Sweepstakes (each post, subject to the Submission Requirements below, a “Submission”). Your account must be set to “Public” in order to receive a Potential Winner notification if you are selected as a Potential Winner (see Rule #8 for details). You must include the hashtags above for your Submission(s) to be valid. Submissions may initially be screened by the Sponsor for apparent compliance with these Official Rules. For each eligible Submission, subject to the entry limitations herein, you will receive one (1) entry into the corresponding Monthly Sweepstakes Draw (“Entry”)(See draw dates below).
Limit: maximum of one (1) Entry per person/Instagram account per Sweepstakes Month, regardless of method of entry.
|Sweepstakes Month #
||August 16, 2019 at 12:00:00 AM ET
||August 31, 2019 at 11:59:59 PM ET
||September 13, 2019
||September 1, 2019 at 12:00:00 AM ET
||September 30, 2019 at 11:59:59 PM ET
||October 11, 2019
||October 1, 2019 at 12:00:00 AM ET
||October 31, 2019 at 11:59:59 PM ET
||November 13, 2019
||November 1, 2019 at 12:00:00 AM ET
||November 30, 2019 at 11:59:59 PM ET
||December 12, 2019
||December 1, 2019 at 12:00:00 AM ET
||December 31, 2019 at 11:59:59 PM ET
||January 14, 2020
By including the hashtags and submitting your post for consideration, you confirm that you have read and accept these Official Rules. To register for Instagram for free, visit Instagram.com. The photo/video submitted, including any caption, and any and all content submitted (including without limitation, any music, descriptions, hashtags, etc.) are referred to herein as a “Submission”. Submissions/Entries are subject to all Submission Requirements set forth herein to be valid; see Rule #4.1 below for Submission Requirements. By submitting a Submission, you hereby warrant and represent that your Submission conforms with the Submission Requirements set forth herein. Submissions will not be judged.
Each Submission must be unique; duplicate Submissions and/or automated Submissions are prohibited. Entrants may not enter with multiple Instagram accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. If it is discovered that you have entered or attempted to enter the Sweepstakes in excess of the stated limits, or that you have attempted to enter multiple times using multiple identities or email addresses, all of your Submissions/Entries will be declared null and void, and any Prize you might have been entitled to (if any) may be forfeited, in the Sponsor’s sole and absolute discretion.
In the event of a dispute regarding the identity of an entrant, the Submission will be deemed to have been made by the authorized account holder of the Instagram account corresponding to the Submission. Each entrant 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.
Sponsor reserves the right to post your Submission(s) on the Sponsor’s website and/or via Sponsor’s social media pages/accounts, in its sole and absolute discretion without notification or compensation and you agree to sign a release confirming the same. Posting of a Submission is not a confirmation, representation or warranty by the Sponsor or any of its representatives that the Submission is compliant with these Rules. Sponsor’s decisions with respect to whether a Submission complies with these Official Rules are final and binding and may be made by Sponsor at any time in its sole and absolute discretion. Submissions that do not meet the requirements set forth in these Official Rules may not be acknowledged and may be automatically disqualified, in the sole and absolute discretion of the Sponsor and/or the Sweepstakes Judges.
4.1. SUBMISSION REQUIREMENTS:
The following requirements set by the Sponsor must be followed for each Submission in order to be eligible for entry into the Sweepstakes:
- You must own all rights to the Submission and all of its content, and have the right to grant Sponsor a license to use the Submission (including any material embodied in the Submission) for any and all purposes determined by the Sponsor in its sole and absolute discretion;
- The Submission cannot contain the name, image, likeness, voice, or other indicia of any other individual (living or dead) other than yourself;
- The Submission must be suitable for a family audience and contain only content that, in the sole and absolute discretion of Sponsor, is suitable for a general audience;
- The Submission must comply with these Official Rules and any Terms of Service on the Website;
- The Submission must not, in the sole and absolute discretion of Sponsor, incorporate any elements of Submissions submitted by other entrants;
- The Submission cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any inappropriate content;
- The Submission cannot promote alcohol or illegal drugs; depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous; or convey any particular political agenda or message;
- The Submission cannot be obscene or offensive, defamatory, libelous, threatening, or harassing, or endorse any form of hate or hate group;
- The Submission cannot defame, misrepresent or contain disparaging remarks about Sponsor, any other Sweepstakes Entities, or their products or other people, products or companies;
- The Submission cannot prominently feature, as determined in Sponsor’s sole and absolute discretion, trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to music, product packaging, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by entrant or as authorized by Sponsor for use by entrants in connection with the Sweepstakes;
- The Submission cannot (in the sole and absolute discretion of Sponsor) advertise or promote any brand or product of any kind other than Sponsor’s, including, but not limited to, any of Sponsor’s competitors or any of the other Sweepstakes Entities’ competitors.
- The Submission cannot contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- No background artwork or material shall appear in the Submission unless it is the original work of the entrant;
- Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
- The Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- The Submission cannot violate any law or otherwise be inappropriate; all as determined by Sponsor in its sole and absolute discretion.
BY SUBMITTING A SUBMISSION, YOU WARRANT AND REPRESENT THAT: (A) IT IS YOUR ORIGINAL WORK, (B) IT HAS NOT BEEN PREVIOUSLY PUBLISHED, (C) IT HAS NOT WON PREVIOUS AWARDS, (D) IT DOES NOT INFRINGE UPON OR OTHERWISE VIOLATE THE COPYRIGHTS, TRADEMARKS, RIGHTS OF PRIVACY OR PUBLICITY, MORAL RIGHTS, OR OTHER INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY; AND (E) PUBLICATION OF THE SUBMISSION VIA VARIOUS MEDIA INCLUDING WEB POSTING, WILL NOT INFRINGE OR OTHERWISE VIOLATE THE RIGHTS OF ANY THIRD PARTY.
Sponsor reserves the right to waive the Submission Requirements set forth herein in its sole and absolute discretion. By submitting a Submission, you agree that your Submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Submission and the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By entering, you acknowledge that Sponsor has no obligation to use or post any Submission you submit. You acknowledge that Sponsor does not waive any rights to use similar or related ideas otherwise known to Sponsor, or developed by its employees, or obtained from sources other than you.
Each entrant agrees that his/her Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the entrant hereby irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, in perpetuity, for consideration, the receipt and sufficiency of which is hereby acknowledged. Entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that entrant may now or later have to their Submission. Sponsor reserves the right to alter, change or modify any Submission, in its sole and absolute discretion. Upon request of Sponsor, entrant shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and rights of “Droit Moral” and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment in its sole and absolute discretion.
By participating in the Sweepstakes, entrants agree to indemnify and hold harmless Sponsor and the other Sweepstakes Entities (as defined in Rule #3) from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by any of them, arising out of or in connection with the participation by the entrants in this Sweepstakes, or any breach by the entrants of the foregoing warranties or any of the Official Rules. By participating, entrants agree to these Official Rules, and to comply with them, which are final and binding in all respects.
ALTERNATE METHOD OF ENTRY: To enter the Sweepstakes by mail (without purchase and without providing a Submission), on a 3" x 5" card or piece of paper, hand-print your full name, complete address, phone number (with area code), age, email address, and Instagram user name, and mail it to: Bausch + Lomb, Attention: #LUMIFYChallenge Sweepstakes, Free To Enter, P.O. Box 8543, Big Sandy TX 75755-8543. Requests must be postmarked by (and received by) the dates indicated below to be eligible for entry into the Sweepstakes. Each eligible request will receive one (1) entry into the Sweepstakes (an “Entry”) for the next available Sweepstakes Draw as follows
|Sweepstakes Month # Entry will be entered into
||September 3, 2019
||September 10, 2019
||September 30, 2019
||October 7, 2019
||October 31, 2019
||November 7, 2019
||December 2, 2019
||December 9, 2019
||December 31, 2019
||January 8, 2020
Only one (1) request per envelope allowed. Entries/Submissions mechanically reproduced or made in any fashion other than as specified herein are void. Entries/Submissions submitted by script, macro or other automated or mechanical means, Entries/Submissions by any means which subvert the entry/submission process and Entries/Submissions made in any fashion other than as specified herein are void. All Entries/Submissions become property of the Sponsor and will not be returned.
- Monthly Sweepstakes Draws: At approximately 3:00 PM ET on each of the Draw Dates listed in Rule #4 above, an independent judging organization (the “Sweepstakes Judges”) will randomly draw five (5) Entries for the applicable Monthly Sweepstakes Prize (See Rule #7(a) for prize details) (each a “Potential Monthly Prize Winner” and, if verified, a “Monthly Prize Winner”) from among all eligible Entries received for the applicable Sweepstakes Month. The odds of winning a prize depend on the total number of eligible Entries received during the applicable Sweepstakes Month of the Sweepstakes Period. Each Potential Monthly Prize Winner will be subject to verification of eligibility and compliance with these Official Rules. Non-Winning Entries received for a Sweepstakes Month will NOT rollover into the next Sweepstakes Month’s Sweepstakes Draw.
- Grand Prize Draw: At approximately 4:00 PM ET on January 14, 2020, the Sweepstakes Judges will randomly draw one (1) Entry for the Grand Prize (See Rule #7(b) for prize details) (“Potential Grand Prize Winner” and, if verified, a “Grand Prize Winner”) from among all eligible Entries received during the entire Sweepstakes Period, regardless of whether the entries were monthly prize winners. The odds of winning a prize depend on the total number of eligible Entries received during the Sweepstakes Period. Potential Grand Prize Winner will be subject to verification of eligibility and compliance with these Official Rules.
- Monthly Sweepstakes Prizes (5): Each Monthly Sweepstakes Prize consists of USD $500.00, awarded as a pre-paid monetary gift card payable to Winner. Approximate Retail Value (“ARV”): USD $500.00. Five (5) Monthly Sweepstakes Prizes will be awarded for each full or partial calendar month of the Sweepstakes Period, for a total of twenty-five (25) Monthly Sweepstakes Prizes.
- Grand Prize (1): The Grand Prize consists of USD $5,000.00, awarded as a pre-paid monetary gift card payable to Winner. Approximate Retail Value (“ARV”): USD $5,000.00. There will be one (1) Grand Prize.
The total ARV of all prizes available to be won during the Sweepstakes Period is: USD $17,500.00
The prize(s) may include one or more gift cards, which may be redeemed or received only at or through participating retailers or other locations. Each entrant acknowledges that acceptance and use of any such prize are subject to all eligibility criteria, expiration dates, service or dormancy fees, use restrictions, and all other terms and conditions (if any) imposed by the issuer or provider of any such prize. Neither Sponsor nor its parents, subsidiaries, or affiliates is the issuer or provider of any such prize, and none of them are responsible for establishing those terms and conditions, for disclosing or explaining any of those terms and conditions to the entrants, or for any winner’s failure to comply with any of them. If a winner does not comply with all of those terms and conditions, or if a winner does not have access to a participating location, the winner may not be able to obtain the maximum value, or any value, from his or her prize.
Prizes are not transferable, or redeemable for cash (if applicable), and must be accepted as awarded, with no substitutions of any kind (except as determined by the Sponsor in its sole and absolute discretion). Sponsor reserves the right to substitute a prize (or any portion thereof) with one of comparable or greater value, in its sole and absolute discretion.
All federal, state and/or 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 each winner’s sole 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: Potential Monthly Prize Winners and the Potential Grand Prize Winner (collectively, “Potential Winners”) will each be notified via Instagram direct message (if the entry was submitted via Instagram) or by email or phone (if the entry was submitted by mail) with instructions on how to claim their prize. Before being declared a winner, Potential Winners will be required to execute and return an Affidavit of Eligibility, a Liability Release, and, where lawful, a publicity release, within five (5) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize may be forfeited, and the prize may be awarded to an alternate winner, at the Sponsor’s sole and absolute discretion.
If a Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, if Sponsor is unable to contact a Potential Winner within three (3) business days, or in the event that a prize notification or any prize is returned undeliverable, such prize may be forfeited at the Sponsor’s sole and absolute discretion. Each Potential Winner may be required to furnish proof of identification and permanent address, as well as a social security number or taxpayer identification number for tax compliance purposes. Sponsor may report the value of any prizes received by each winner to the IRS or other applicable taxing authority.
Allow 4-6 weeks for verification and shipment of your prize. Sponsor and Sweepstakes 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 may not be awarded. Sponsor is not responsible for any change of Instagram account, email address, and/or telephone number of entrants.
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 Sweepstakes or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any of the other Sweepstakes Entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law.
CONDITIONS OF PARTICIPATION:
- By participating, entrants (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 and/or Sweepstakes Judges, made in their sole and absolute discretion, which shall be final and binding in all respects. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
- Sponsor and the other Sweepstakes Entities are not responsible for late, lost, damaged, stolen, misdirected, or incomplete submissions, entries or mail. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery.
- Sponsor reserves the right to disqualify any entrant's entries in the Sweepstakes or entitlement to a prize if, in the sole and absolute discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by tampering, cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE SPONSOR, AND INSTAGRAM, INC., AND ALL OTHER SWEEPSTAKES ENTITIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS' FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE OPERATION OF THE SWEEPSTAKES, THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF A PRIZE, ANY PREPARATION FOR, PARTICIPATION IN AND/OR TRAVEL TO OR FROM ANY PRIZE-RELATED OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES (AS BETWEEN SPONSOR AND SUCH WINNER) THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS, IMPLIED IN FACT OR IN LAW, OR STATUTORY, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT AGREES THAT (I) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (II) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSE AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
All controversies, claims, issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes, the Official Rules, the Sweepstakes, any Submissions, or the rights and obligations of entrant and Sponsor in connection therewith, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to New Jersey or any other conflicts of law principles. IF THE CONTROVERSY, CLAIM, ISSUE OR QUESTION IS NOT RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION BETWEEN THE PARTIES, ANY SUCH CONTROVERSY, CLAIM, ISSUE OR QUESTION SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND THE CONSUMER MINIMUM STANDARDS OR ANY SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE IN THE STATE OF NEW JERSEY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION WILL BE CONDUCTED IN BRIDGEWATER, NEW JERSEY, OR, AT ENTRANT’S OPTION, IN THE METROPOLITAN AREA CLOSEST TO THE ENTRANT’S RESIDENCE. IN THE EVENT AN ENTRANT INITIATES ARBITRATION AGAINST SPONSOR, THE ENTRANT SHALL PAY JAMS UP TO $250 IN ARBITRATION FEES. SPONSOR SHALL PAY ALL OTHER FEES AND COSTS OF JAMS IN CONDUCTING THE ARBITRATION, UNLESS THE ARBITRATOR DETERMINES THAT ENTRANT’S CLAIM WAS FRIVOLOUS OR BROUGHT IN BAD FAITH. THE REMEDY FOR ANY CLAIM SHALL NOT INCLUDE THE PAYMENT OF ANY ATTORNEY FEES OR OTHER COSTS IN BRINGING THE PROCEEDING AND NO PARTY SHALL BE ENTITLED TO RESCIND THIS AGREEMENT. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Sponsor reserves the right in its sole and absolute discretion to cancel, modify and/or suspend this Sweepstakes at any time 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 Sweepstakes. In the event of cancellation, Sponsor reserves the right in its sole and absolute discretion, to randomly select the winners from among all eligible, non-suspect entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question.
Sponsor and the other Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. Neither Sponsor nor any other Sweepstakes Entities are 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, Instagram APIs (application programming interfaces), or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failures, or 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 errors in connection with the administration of the Sweepstakes, the processing of entries, the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, 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 Sweepstakes; or (f) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.
Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, 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. Entrants engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and will forfeit any prize(s) won. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
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.
For a list of the prize winners, send a self-addressed postage stamped envelope to: Bausch + Lomb, Attention: #LUMIFYChallenge Sweepstakes - Winner’s List, P.O. Box 8543, Big Sandy TX 75755-8543.
All requests must be received by July 10, 2020. Winners list will be sent after all prizes have been awarded.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
LUMIFY is a trademark of Bausch & Lomb Incorporated or its affiliates. ©2019 Bausch & Lomb Incorporated or its affiliates.