Rules

TENA SENSITIVE CARE SWEEPSTAKES RULES

By participating IN THE SWEEPSTAKES, you (the “Entrant”) agree to be fully and unconditionally bound by these TENA SENSITIVE CARE SWEEPSTAKES Rules (The “Rules”), and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding as it relates to the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED AND THE DATE OF ENTRY. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.

1.  Eligibility: The TENA Sensitive Care Sweepstakes (the "Sweepstakes") is open only to those who enter for a chance to win the Prize(s) at TENA.com/sweepstakes (or other sweepstakes designated by Sponsor in writing) and who are at least 18+ years old at the time of entry.  The sponsor of the Sweepstakes is Essity HMS North America Inc. (the “Sponsor”). The Sweepstakes is open only to legal residents of the United States and is void where prohibited by law. Employees of Sponsor, their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void outside the U.S. and where restricted or prohibited by law.
2. Sweepstakes ENTRY Period: Entries will be accepted online starting on 8/01/2023 at 12:00 AM and ending 08/31/2023 at 11:59 PM (the “Entry Period”). All online entries must be received by 08/31/2023 at 11:59 PM. All times are U.S. Eastern Time. Sponsor’s computer clock is the official timekeeping device of the Sweepstakes.[E(2]
3. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided at viralsweep.com. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor. You may enter only once and you must fill in the information requested. LIMIT ONE ENTRY PER PERSON DURING THE ENTRY PERIOD. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Sponsor. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, may be declared invalid and disqualified for this Sweepstakes at Sponsor’s sole discretion. The use of any device or computer software to automate the entry process is prohibited. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met.
4. Prizes: A total of four (4) winners will be randomly selected from the eligible entrants. Each Winner is eligible to receive one (1) Tea with Tae Calming Tea Mini Tube ($22.00),  one (1) Lovelina Cream Silk Satin Scrunchie ($8.00),  one (1) Mast Lavender Chocolate ($8.00), one (1)  Formulary Face & Body Herbal Tonic Mist ($24.00), one (1) LAPCOS Daily Skin Mask, Honey ($6.00), one (1) Poppy & Pout Sweet Mint Lip Scrub ($16.00) and two (2) packs of Sensitive Care ($15.98).  The combined approximate retail value of all prizes in this Sweepstakes is ARV USD $103.98. [E(3] Actual/appraised value may differ at time of prize award. No cash or other prize substitution permitted except at Sponsor's discretion. The Prizes are nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of Prize or transfer/assignment of Prize to others or request for the cash equivalent by winners is permitted. Acceptance of Prize constitutes permission for Sponsor and its affiliates to use winner's name, likeness, statements, photographs, video images, biographies, and entry for publicity purposes, including without limitation marketing and advertising, without additional compensation, except to the extent prohibited by law.

DISCLAIMER OF WARRANTIES: EACH PRODUCT DELIVERED WILL ONLY INCLUDE THE LIMITED WARRANTY AS EXPRESSLY PROVIDED WITH THE PRODUCT AND NO OTHER EXPRESS OR IMPLIED WARRANTY IS OR WILL BE PROVIDED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

1. Odds: The odds of winning depend on the number of eligible entries received.
   
2. Winner selection and notification: Four (4) winners (the “Winners”) will be selected from among all eligible entries. Winner selection will take place on 09/01/2023 [E(4] (the “Drawing Date”), or the next business day at Sponsor’s sole discretion.  Each Winner will be eligible to receive the Prize (as defined below), subject to these Rules.

Drawing will be made by representatives of the Sponsor. Sponsor’s decisions are and shall be final and binding in all matters relating to this Sweepstakes. Winner will be notified via the email address provided at the time of entry within two (2) business days after the relevant drawing and will be required to respond to such notification within three (3) business days of the time the notification is sent. Winner will be required to fully complete, sign, and return an Affirmation of Eligibility and Liability/Publicity Release form (“Affidavit”) provided by Sponsor within five (5) days of date of receipt. Failure to respond to the Winner notification as detailed above or return all required forms within the stated time period, or to comply with any other provision herein, may result in the Winner being disqualified and an alternate winner may be selected at Sponsor’s sole discretion. If a prize notification or prize is returned as undeliverable for any reason, the prize may be awarded to an alternate winner, at Sponsor’s sole discretion. Prize is not transferable, assignable, or redeemable for cash. No substitution for the prize by the Winner will be allowed. If necessary, due to unavailability of the prize for any reason, a prize of equal or greater value will be awarded at the sole discretion of the Sponsor. All Federal, state and local tax liabilities, if any, are the responsibility of the Winner. Acceptance of the prize (in whole or in part) constitutes permission (except where prohibited) for Sponsor and/or its affiliates to use of Winner’s name, statements, photographs, video images and biographies for publicity purposes without any limitation or additional compensation. ANY VIOLATION OF THESE RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Sponsor reserves the right at its sole discretion to disqualify any individual who Sponsor determines has tampered or attempted to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s website; has violated these Rules; acts in an unsportsmanlike or disruptive manner at any time during the Sweepstakes, or with the intent to annoy, abuse, threaten or harass any other person.

1. Representations and Warranties of Entrant. By submitting an Entry and participating in the Sweepstakes, you warrant that any content you submit (i) is the sole creation of Entrant; (ii) does not use the name and/or likeness of any person who has not expressly provided their consent for the specific purpose of using their name and likeness in the content being submitted in this Sweepstakes; (iii) represents your actual opinions based on personal experience with the product(s) and does not defame any third party; and (iv) does not infringe upon the intellectual property rights (including but not limited to trademarks and copyrights) of any person (including any individual or entity), and you agree to indemnify Releasees against any claims alleging a violation of such intellectual property rights and any costs or liability incurred as a result of such claims. You further represent and warrant that the content you are submitting is not obscene, offensive in nature, and is suitable for all ages. If content includes statements about Sponsor’s products, you warrant that all statements submitted are true and represent your honest opinions, and are informed through your personal experience with the product(s). Entrants breaching this provision will be disqualified and agree to indemnify Releasees against any costs or liability resulting from any claim(s) brought against any Releasee as a result of such breach
2. Rights Granted by you: By entering this Sweepstakes you understand that Essity HMS North America Inc, anyone acting on behalf of Essity HMS North America Inc, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the world, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
3. Terms: Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should Sponsor (in its sole discretion) detect or suspect a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control have corrupted or affected (or are likely to corrupt or affect) the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Rules.
   Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
   By entering the Sweepstakes you agree to receive email newsletters periodically from Essity HMS North America Inc. and its affiliates. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
   
4. Limitation of Liability: By entering you agree to release and hold harmless Essity HMS North America Inc. and its subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, partners, representatives, agents, successors, assigns, Facebook, Inc., Instagram, Inc. and its and each of their respective employees, officers and directors (collectively, “Releasees”) from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not (to the extent permitted by applicable law), from (i) such entrant’s participation in the Sweepstakes and/or the Entrant’s acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of or damage to any computer, cable, network, hardware or software, or inability to submit an Entry; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human or other intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries. Proof of submitting information to the Website is not considered proof of delivery or receipt. Unintelligible, incomplete and duplicate entries will be removed and disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned.

BY ENTERING THE SWEEPSTAKES, ENTRANT FURTHER 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 SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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) NOT TO EXCEED TWENTY-FIVE DOLLARS ($25.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK (i) 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 (ii) ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) 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.

Releasees shall not be liable to an Entrant or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request (“Action”) by any governmental or quasi-governmental entity, whether or not such Action proves to be invalid, equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’ sole control.

By participating in the Sweepstakes, Entrants agree to release, discharge, and hold harmless the Releasees from and against any and all claims, actions, or liability Entrants may have against Releasees for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorneys’ fees) resulting from acceptance, use, or misuse of the prize or any element thereof, participation in this Sweepstakes, and/or participation in any Sweepstakes-related activity. Each Entrant further agrees to indemnify and hold harmless the Releasees from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Releasees Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

1. Disputes:. Entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Charlotte, North Carolina, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than the State of North Carolina.
   
2. Miscellaneous. The invalidity or unenforceability of any provision of these Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
3. GOVERNING LAW: The Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
4. Privacy Policy: Information submitted with an entry is subject to these Rules and the Privacy Policy stated on the Essity HMS North America Inc Web Site. Read the Privacy Policy here: https://www.tena.us/privacy-policy. As a condition of entering the Sweepstakes, each Entrant gives consent for Sponsor to obtain Entrant’s name, address and other personally identifiable information and anonymous data to use and deliver to third parties to use for the purpose of administering this Sweepstakes, complying with applicable laws, communicating with Entrant, and for marketing and other limited purposes explained in Sponsor’s privacy policy. Also as a condition of entering the Sweepstakes, each Entrant gives consent for Sponsor to publish the Entrant’s entry information on a Sweepstakes winner’s list to the extent applicable.
   
5. Winners List: For the names of the winners, please send a self-addressed stamped envelope to the following address within 90 days after the Drawing Date (VT residents may omit return postage): PO Box 2407, Nennah, Wisconsin, 54957-2407, ATTN: TENA Sensitive Care Sweepstakes.[E(5]
6. Sponsor: The Sponsor of the Sweepstakes is Essity HMS North America Inc., 5825 Carnegie Blvd, Charlotte, NC 29209.
7. No Sponsorship. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the Sponsor of this Sweepstakes for the purposes described herein.