Terms & Conditions – XYZAL Allergy 24HR

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XYZAL® SAMPLE OFFER
TERMS & CONDITIONS

OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION.

VOID WHEREVER PROHIBITED BY LAW.

VALID WHILE SUPPLIES OF QUALIFYING XYZAL® PRODUCT LAST.


The Xyzal® Sample Offer (“Offer”) is sponsored by Chattem, Inc., 1715 West 38th St. Chattanooga, TN 37409 (“Sponsor”) and is subject to the terms and conditions (“Terms and Conditions”) described herein.

  1. Offer Summary: The “Offer Period” starts February 22, 2018 at 12:01 AM (midnight) Eastern Time and ends when all qualifying Xyzal® product has been distributed. During the Offer Period, Participants, defined in Section 2 below, may receive one sample package of 10 Xyzal® Allergy 24HR tablets (“Sample”), by paying for shipping and handling in accordance with these Terms and Conditions. Sponsor anticipates distributing approximately 1,000,000 units of Samples for the Offer. Samples will be distributed on a first-come, first-served basis.

  2. Eligibility: The Offer is open only to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age or older at the time that the Sample is requested. Each Participant may only participate once in the Offer. Only one Participant per household or address may participate in the Offer. P.O. Box addresses are not eligible to participate in the Offer. The Offer is void where prohibited by law. Individuals who meet these eligibility requirements are referred to herein as “Participants.” Participation in the Offer constitutes a Participant’s full and unconditional agreement to these Terms and Conditions and Participant’s acknowledgment that Sponsor’s decisions in all matters related to the Offer are final and binding.

  3. Offer Instructions: During the Offer Period, Participants may receive a Sample by following these instructions:
  1. Visit http://samples/xyzal.com and review these Terms and Conditions (including the eligibility requirements).
  2. If Participant meets the eligibility requirements in these Terms and Conditions, click “I WANT A SAMPLE!”, which will add one Sample to the Cart.
  • In the cart, consent to these Terms and Conditions by checking the box next to the text “By checking this box, you indicate that you have read and agree to the Terms and Conditions for this offer.”
  1. Click “CHECK OUT” to be directed to the checkout page.
  2. Enter customer information and shipping address where indicated and then click “Continue to shipping method.”
  3. Select “Standard Shipping” for the shipping method and then click “Continue to payment method.”
  • Pay for shipping and handling by entering payment method and the required information and billing address, if applicable, and then click “Complete order.”
  • Participants should expect to receive an email confirming participation in the Offer. If no email is received, please contact Chattem, Inc. as described below.
  1. Offer Restrictions: Samples are only for the personal, non-commercial use of the applicable Participant, and may not be sold, transferred or distributed to anyone other than the Participant receiving the Sample. Participants may not use the Samples for any fraudulent or illegal purpose.  Under no circumstances will Participants be entitled to a refund or credit for Samples or any shipping, handling or other charges. Participant may not transfer, substitute or exchange Samples for cash or other consideration, but Sponsor reserves the right, in its sole discretion, to substitute any Sample for a different product of equal or greater value. Samples should be used as directed in accordance with instructions provided on its packaging. Before using any medication, Participants should read all label information and keep the carton, which contains important information.

  2. Limitations Of Liability: Sponsor, its parent companies, subsidiaries, franchisees and affiliated entities, its and their respective officers, directors, agents and employees, and its and their respective advertising, promotion and web design agencies and independent contractors (collectively referred to as the "Sponsor Parties") are not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected registrations, orders or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures or difficulties or for other errors, omissions, interruptions or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computing device related to participating in the Offer. The Sponsor Parties are not responsible for illegible, unintelligible, misdirected, delayed, undelivered, damaged, late, incomplete, incorrect or inaccurate registration or order information, whether caused by Participant, the Internet, Participant’s Internet connection or programming associated with or utilized in the Offer or by any technical or human errors that may occur in the administration of the Offer. The Sponsor Parties are not responsible for any typographical errors in any Offer-related materials. If, in the judgment of Sponsor, the Offer is compromised by viruses, bugs, malware, non-authorized human intervention or other causes, which in Sponsor’s judgment, may corrupt the administration, security or fairness of the Offer, Sponsor reserves the right, in its sole discretion, to modify, discontinue, suspend or terminate the Offer. THE OFFER AND SAMPLES ARE PROVIDED “AS-IS.” THE SPONSOR PARTIES MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO SPONSOR PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE OFFER OR PARTICIPANT’S PARTICIPATION IN THE OFFER, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER ANY SPONSOR PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, PARTICIPANTS SHOULD CHECK THEIR LOCAL LAWS TO DETERMINE IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

  1. Release: To the fullest extent permitted by applicable law, the Sponsor Parties: (a) expressly disclaim any responsibility for, and each Participant agrees to hold the Sponsor Parties harmless from, all liability for any costs, claims, damages or any other injury (whether due to negligence or otherwise), disability or loss to any person or property (including, but not limited to, death, injury or violation of any personal rights such as right of publicity/privacy, libel or slander) due in whole or in part, directly or indirectly, to participation in the Offer, the delivery and/or subsequent acceptance of, use or misuse of any Samples or any Offer related activity; (b) are not responsible for any loss (financial or otherwise), liability, injury (including death) or damage to persons or property, which may be caused directly or indirectly, in whole or in part, by the purchase of, use or misuse of any Samples; and (c) assume no liability for the cancellation, modification or premature conclusion of the Offer for any reason. As some jurisdictions may not allow releases of liability for certain types of damages, Participants should check their local laws to determine if any of the above releases or limitations may not apply.

  2. Disputes: THESE TERMS AND CONDITIONS ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TENNESSEE AND THE FEDERAL ARBITRATION ACT. IF ANY CONTROVERSY OR CLAIM BETWEEN SPONSOR AND PARTICIPANT ARISES OUT OF THESE TERMS AND CONDITIONS, THE OFFER OR THE SAMPLES AND IS NOT RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES,” AVAILABLE AT ADR.ORG) OR, IF THE CLAIMS QUALIFY, IN SMALL CLAIMS COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT. TO BEGIN AN ARBITRATION PROCEEDING, THE PARTY BRINGING A CLAIM MUST SEND A LETTER TO THE OTHER PARTY REQUESTING ARBITRATION THAT DESCRIBES THE CLAIM. SPONSOR WILL SEND THE LETTER TO THE SHIPPING ADDRESS PROVIDED. PARTICIPANT MUST SEND THE LETTER TO SPONSOR AT Chattem, Inc., 1715 W 38th Street, Chattanooga, TN 37409, Attention: General Counsel. THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF TENNESSEE. PARTICIPANT MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS OR IN PERSON IN THE COUNTY WHERE PARTICIPANT LIVES OR AT ANOTHER MUTUALLY AGREED LOCATION. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA RULES. UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS, SPONSOR WILL REIMBURSE PARTICIPANT FOR THOSE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR CLAIMS TOTALING LESS THAN $5,000, AND WILL NOT SEEK ATTORNEYS’ FEES OR COSTS IN ARBITRATION. PARTICIPANT AND SPONSOR AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE YEAR FROM THE END DATE OF THE OFFER PERIOD. PARTICIPANT AND SPONSOR AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THESE TERMS AND CONDITIONS, THE OFFER OR ANY SAMPLES DISTRIBUTED THROUGH THE OFFER SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF CONFIDENTIAL INFORMATION OR INTELLECTUAL PROPERTY RIGHTS.

  3. Privacy Policy: Any personally identifiable information collected during a Participant's participation in the Offer will be collected by Sponsor or its agent and used by Sponsor, its affiliates, agents or marketers for purposes of the proper administration and fulfillment of the Offer as described in these Terms and Conditions, in accordance with Sponsor's Privacy Policy as stated at (“Privacy Policy”) or for any other purpose described in the Privacy Policy.

  4. Modifications and Termination of the Offer: Sponsor reserves the right to suspend, modify or terminate the Offer and/or modify these Terms and Conditions, including, but not limited to, the duration of the Offer, the number of Samples available or the means by which Participants can claim a Sample, even though these changes may affect a Participant’s ability to obtain a Sample. Notice of any change to the Offer, including, but not limited to, termination of the Offer and changes to these Terms and Conditions, will be posted on this site.

  5. General: Participants waive any right to claim ambiguity in these Terms and Conditions. All federal, state and local laws and regulations apply. Sponsor reserves the right to disqualify and bring claims against any individual found, in its sole opinion, to be tampering with the operation of or abusing any aspect of the Offer; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Offer. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Offer will void any attempted participation effected by such methods and result in the individual utilizing the same to be ineligible to participate in the Offer. In the event of any conflict with these Terms and Conditions and any other terms contained in any other materials (including, but not limited to, any website, point of sale, television, online, social media and print advertising, promotional packaging and other promotion media), these Terms and Conditions shall prevail with respect to the details of the Offer. For the avoidance of doubt, Participant acknowledges that the Terms of Use for the Xyzal® website apply to Participant’s use of the website and that these Terms and Conditions apply to Participant’s participation in the Offer.

Customer service inquiries can be made at one of the following:

Sample Offer related inquires: Contact us 1-800-633-1610

Product related inquires: Contact us (http://xyzal.com/contact)

© 2018 Chattem, Inc. All rights reserved.