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Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  VOID WHERE PROHIBITED.

1. The CeraVe “Heroes Behind the Masks” Promotion (“Promotion”) begins 12:00 AM Eastern Time (“ET”) October 12, 2020 and ends 11:59 PM ET November 6, 2020 ("Promotion Period"). The Promotion consists of two (2) elements: (i) an offer (“Offer”); and (ii) a Heroes Behind the Masks Video Series Search (“Heroes Search”).

2. Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older, and who are a full- or part-time employee (working at least two (2) days per week) in the nursing profession at a public hospital, private practice, nursing care facility, educational institution, or similar. Employees of Sponsor, L'Oreal USA, Inc., Coyne PR, Gradient Experiential, Trymark Consulting Group, L.L.C., and their respective parents, affiliates, franchisees, subsidiaries, advertising and promotion agencies, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, are ineligible to enter or win. Void where prohibited. Subject to all applicable federal, state and local laws and regulations.

 

3. You may participate in the two (2) elements of the Promotion during the Promotion Period as follows:

HEROES SEARCH: During the Promotion Period, you (the “Entrant”) can enter the Heroes Search by i) visiting www.HeroesBehindTheMasks.com and completing the entry form, ii) optionally including a photo of yourself (with or without a face mask) and iii) providing an original essay describing the challenges you have faced during the COVID-19 pandemic or at another point in your career and how you demonstrated commitment to the job even while off-duty (maximum three thousand (3,000) characters) (the entry form, photo, and essay shall be collectively referred to herein as the "Entry") for a chance to win a Grand Prize and the opportunity to participate in the CeraVe “Heroes Behind the Masks” Video Series (as described below in Section 6). NOTE: Photos submitted will not be judged and therefore will not increase or decrease your opportunity to win a prize.

 

All Entries must be in English and will not be returned. All essays must be in the form of an essay. Entries submitted in other forms such as poems or songs will be disqualified. Entries generated by script, macro or other automated means are void. Limit one (1) Entry per person, per e-mail address for duration of Promotion Period. Entries received in excess of the above stated limitation will be void. Except as otherwise provided herein, Sponsor will not enter into any correspondence with an Entrant regarding an Entry. Should multiple users of the same e-mail account enter the Promotion and a dispute thereafter arises regarding the identity of the Entrant, the authorized account subscriber of said e-mail account at the time of entry will be considered the Entrant and must comply with these Official Rules. “Authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Your Entry may not contain any content that the Sponsor, in its sole discretion, determines to:

 

(a) be vulgar, offensive, sexually explicit, profane or pornographic;

(b) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;

(c) be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe or unhealthy activities;

 

(d) promote any political agenda or message;

(e) appear to duplicate any other submitted Entry;

(f) contain copyrighted materials owned by others; 

(g) contain any personal identification, such as persons’ names, email addresses, street addresses or license plate numbers; 

 

(h) communicate messages inconsistent with the positive image of the Sponsor’s name and brands; 

(i) include or refer to any third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized such inclusion or reference (or in the case of minors, without the express consent of their parents or legal guardians); or 

(j) violate any law.

The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice.

OFFER: Offer ends 11:59 PM ET November 6, 2020 or when supplies are exhausted, whichever is sooner (“Offer Period”). To participate in the Offer and enter the Heroes Search, visit www.HeroesBehindTheMasks.com and complete and submit the entry form (as described below). The first two hundred fifty (250) eligible participants who submit an entry into the Heroes Search (as determined by Sponsor) will each receive one (1) CeraVe Skincare Kit (Kit contents to be determined by Sponsor) (Estimated Retail Value “ERV” $50.00) (each, a “Reward”). Limit one (1) Reward per person for the duration of the Offer Period. Allow approximately six (6) to eight (8) weeks from the Promotion end date to receive your Reward via mail. Rewards will be delivered to the address provided in the submitted entry form. Any Reward returned as non-deliverable will not be re-sent. Sponsor reserves the right to not award all Rewards if there are less than two hundred fifty (250) eligible participants.

4. By entering, you represent and warrant that (a) you are the sole owner of your Entry and have all rights in your Entry; (b) you have the right to submit the Entry and to provide the Sponsor with license to use the Entry (as detailed below); (c) your Entry consists of only your original work and no part of your Entry has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your Entry; (e) your Entry meets the above criteria in Section 3; (f) your Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; (g) your Entry is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any law; and (h) if your Entry contains third party elements not owned by you, you have obtained written consent from those owners to submit your Entry and, if requested to do so, you can and will produce such written consent in a form and manner acceptable to the Sponsor. Failure to provide such proof on request may render your Entry null and void. By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Promotion and to its use as otherwise set forth herein.

 

Entrants understand and agree that they shall retain all ownership rights in Entry; however, by submitting an Entry, Entrant hereby grants Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Entrant, or any third party, for any purpose whatsoever.

By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Promotion and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Promotion or other contests sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. 

 

By entering, Entrants understand and agree that their Entry, if selected as a Grand Prize winner, may be featured at www.HeroesBehindTheMasks.com or any CeraVe properties. Released Parties (as defined below) are not liable for the use of any Entry by any third party. Except where prohibited by law, Entrant acknowledges and agrees that Sponsor and Released Parties have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.

5. Selection of Winners:  After the conclusion of the Promotion Period, all eligible Entries received will be judged by a panel of judges based on the following equally weighted criteria: (i) How you embody the “Heroes Behind the Masks” theme through a compelling story or experience;  (ii)  How you exemplify the caring and compassionate nature of nursing; and (iii) How you demonstrate passion and commitment to your job, even while off-duty. The four (4) entries with the highest overall scores will be deemed the potential Grand Prize winners, subject to verification and compliance with these Official Rules. In the event of any tie, an additional “tie-breaking” judge selected by the Sponsor will determine the Grand Prize winner(s) from among those tied based on the criteria set forth herein. Sponsor reserves the right to not award all prizes if, in its sole discretion, it determines it has not received a sufficient number of qualified eligible Entries.


Potential winners will be notified by phone or e-mail. If a potential winner is contacted by phone, Sponsor will make one (1) attempt to leave a message. If any e-mail to a potential winner is undeliverable, any phone number provided by a potential winner is incorrect or no longer in service, a response to any given e-mail or phone call/message is not received within three (3) business days of date of its issuance or a potential winner does not comply with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, the next runner up may be selected. Potential winners will be required to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within five (5) days of date of issuance of those documents or the prize may be forfeited and, at Sponsor’s discretion, the next runner up may be selected. If Sponsor so elects, potential winners may be required to submit to, and cooperate in, a confidential background check and employment verification to confirm eligibility and to help ensure that the use of any such person in advertising or publicity for the Promotion will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Heroes Search or the Sponsor as determined by Sponsor in their sole discretion. If requested, potential winners will agree to such background check and understand and agree that Sponsor may disqualify a winner based on the results of the background check. In the event any winner fails to satisfy all requirements set forth in these Official Rules, the prize may be forfeited, and time permitting, Sponsor reserves the right to select an alternate winner based on the above criteria.

6. Grand Prize packages (4):  Each Grand Prize package consists of one (1) “Ultimate Spa Treatment” (awarded as a $1,000.00 spa gift card or gift certificate as determined by Sponsor) (certain terms & conditions as specified by issuer apply) (Estimated Retail Value (“ERV”) $1,000.00), one (1) CeraVe Skincare Kit (Kit contents to be determined by Sponsor) (ERV $50.00) and the opportunity to participate in the CeraVe “Heroes Behind the Masks” Video Series (participation details determined solely by Sponsor and Sponsor reserves the right to determine the location(s) for video production. If for whatever reason the winner does not agree to filming or cannot accommodate the video production requirements at the winner’s residence, the Sponsor reserves the right to determine an alternate location at no additional expense to Sponsor.). Total ERV of each Grand Prize package is $1,050.00. Total ERV of all prizes combined is $4,200.00. Requirements for Video Series portion of prize: Potential winners must be available for filming on date and location determined by Sponsor between December 7, 2020 and December 23, 2020 (dates are subject to change as solely determined by Sponsor). The video production may take approximately six (6) hours. Sponsor does not guarantee that footage will appear in the Video Series. Appearance in Video Series may be subject to additional terms, conditions and agreements specified by Sponsor. Guidelines with regard to the filming will be provided by Sponsor at time of filming and each participating Grand Prize winner will be required to comply with the guidelines. If for any reason a winner is not able to attend their scheduled film date, Sponsor will attempt to reschedule film date to occur within one (1) week of initial date. If winner is unable to reschedule, the Grand Prize will be forfeited, and, at Sponsor’s sole discretion, if time permits an alternate winner will be selected using the applicable judging procedure outlined above. Winners will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize not described herein as being awarded. Prizes are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute a prize or portion of a prize with one of comparable or greater value. All prize details are at the sole discretion of the Sponsor. Limit one (1) prize per person and per household for the duration of the Promotion Period.

 

7. By participating, you agree:  a) to abide by these Official Rules, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of your name, likeness and biographical data by Sponsor and its designees if selected as a winner for advertising, promotional and other purposes in any and all media now or hereafter known throughout the world in perpetuity without compensation, right of review or notification (except where prohibited by law); and c) THAT SPONSOR, L'OREAL USA, INC., AMERICAN NURSES ASSOCIATION, COYNE PR, GRADIENT EXPERIENTIAL, TRYMARK CONSULTING GROUP, L.L.C., AND ALL OF THEIR RESPECTIVE PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO YOU OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS PROMOTION, SPONSOR’S OR ITS DESIGNEES’ USE OF ANY ENTRY, OR THE USE OR MISUSE OF ANY PRIZE (INCLUDING ANY ACTIVITY RELATED THERETO). PRIZES ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED BY SPONSOR. Released Parties are not responsible for lost, delayed, interrupted or unavailable, network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Promotion, including, without limitation, errors or problems which may occur in connection with the administration of the Promotion, the processing or judging of Entries, the announcement of the Rewards or prizes or in any Promotion-related materials or for any damage to your or other person’s computer hardware or software as a result of participation. Released Parties are not responsible for Entries that are lost, late, stolen, inaccurate, incomplete, delayed, misdirected, undelivered, garbled or delayed by computer transmissions. Persons found tampering with or abusing any aspect of this Promotion or who are in violation of these Official Rules, as solely determined by the judges, will be disqualified and all associated Entries will be void. Every Entry must be manually keystroked and manually entered by you and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or other means or practices which subvert the entry process is prohibited and all such Entries will be void. If the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of any element of the Promotion, including but not limited to Acts of God, epidemic or pandemic, or if the Promotion is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Promotion or any portion thereof and/or terminate the participation of any Entrant (and void his/her Entry/ies) whose conduct potentially compromises the Promotion and at its sole discretion award the Rewards and/or prizes from among all eligible, non-suspect Entries received prior to the act requiring such suspension or termination using the applicable judging procedure outlined above. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If 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. CAUTION: Any attempt by an entrant to damage the website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek any and all remedies available to the fullest extent permitted by law. Promotion is governed by the laws of the State of New York without regard to its conflict of laws principles, with venue in New York County, New York.

8. EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, YOU AGREE THAT A) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY; B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”, Title 9 of the United States Code) UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION; C) THE  FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGEMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS PROMOTION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO:  CERAVE “HEROES BEHIND THE MASKS” PROMOTION – ARBITRATION REJECTION, P.O. BOX 295, GAINESVILLE, VA 20156. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE OFFICIAL RULES. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.


IN THE EVENT THAT YOU OPT-OUT OF THIS MANDATORY ARBITRATION PROVISION, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY A FEDERAL OR STATE COURT LOCATED IN NEW YORK COUNTY, NEW YORK.

9. Information submitted in connection with the Promotion will be treated in accordance with these Official Rules and Sponsor's Privacy Policy (as may be amended from time to time), currently located at https://www.cerave.com/privacy-policy provided, that If there is any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

10. The names of the Heroes Search winners (available after January 1, 2021) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: CeraVe “Heroes Behind the Masks” Promotion - Winners/Rules (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than March 1, 2021. VT residents omit return postage on rules requests.

11. Sponsor:  CeraVe., 10 Hudson Yards, New York, NY 10001.

Promoter:  Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA  20156.