Huggies® Brand No Baby Unhugged Diaper Offer
OFFICIAL TERMS & CONDITIONS
1. OFFER PERIOD: Starts May 18, 2015 at 9:00:00 AM Central Time (CT) and ends December 31, 2017 at 11:59:59 PM CT, or while supplies last (the “Offer Period”).
2. ELIGIBILITY: The “No Baby Unhugged” free diaper offer (the “Offer”) is open only to members of HUGGIES.com who are legal residents of Canada, have reached the age of majority in their province/territory of residence, and whose HUGGIES.com profile indicates they are expecting a baby or have or baby of 3 months of age or less as of the date of participation in the offer. Participants must also be (or become) a member of HUGGIES® Rewards in order to claim an Offer Item. Becoming a member is free. Membership is subject to the Official Terms and Conditions (incorporated herein by reference), available at HUGGIES.com. Persons in any of the following categories are NOT eligible to participate in the Offer: (a) any person who, at any time on or after May 18, 2015, was or is a director, officer, or employee of Kimberly-Clark Corporation (“Sponsor”), or its parent, subsidiaries, franchisees, agents, suppliers, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Offer or engaged in the administration or execution of this Offer, and (c) persons who are the immediate family of (spouse, parent, child, sibling and their respective spouses), or reside in the same household as, any person in any of the preceding categories.
3. OFFER DETAILS: During the Offer Period, visit NoBabyUnhugged.ca (English) or www.calinsauxbebes.ca (French) (collectively, the “Website”), and click on the “Get Free HUGGIES® Diapers” button; you will then be required to log-in (if you are already a member of HUGGIES.com) or register by providing the requested information and reading and accepting the Official Terms and Conditions for HUGGIES.com membership. Once you have successfully logged-in or submitted your registration, you will be sent an confirmation email containing specifics regarding your one (1) free Jumbo pack of HUGGIES® Little Snugglers Step size “Newborn” or one (1) free Jumbo pack of HUGGIES® Little Snugglers Step Size “1” diapers (approximate retail value: $13.00) (“Offer Item”), subject to Sponsor’s verification of your eligibility and compliance with these Official Terms and Conditions, in its sole and absolute discretion. If you are not yet a member of the Rewards component of HUGGIES.com, please follow the instructions to update your profile (including your up-to-date mailing address) and register. Membership is free; see HUGGIES® Rewards Terms and Conditions at HUGGIES.com.
Limit of one (1) Offer Item per person/Huggies Member/email address. Offer Item will be sent to the participant’s address as provided in his/her HUGGIES.com Member Account. Allow 2-4 weeks for processing and shipment. No returns of any Offer Items are permitted. Offer void where prohibited. Sponsor reserves the right to invalidate claims submitted if it determines, in its sole and absolute discretion, that such were improperly submitted or entered. Sponsor reserves the right to delay the processing of any entries or Offer Items without notice to you, in order to assure compliance with the Official Terms and Conditions outlined herein. Any failure to abide by these Official Terms and Conditions, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Offer may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Offer, in Sponsor's sole and absolute discretion. Sponsor reserves the right to suspend, modify, clarify or cancel the Offer, at its sole and absolute discretion, at any time, including without limitation modifying the Offer Item (including without limitation, available sizes). Sponsor’s (or its agent’s) computer is the official timekeeping device for this Offer.
Participants are responsible for all applicable federal, provincial and local taxes, if any, as well as all fees and expenses associated with acceptance and use of the Offer not specified herein as being provided. Offer is not transferable or substitutable, except in the sole discretion of Sponsor. No group or organization requests will be honored.
If it is discovered that you have participated or attempted to participate using multiple email accounts, Member Accounts, or identities, all of your requests will be declared null and void, in Sponsor’s sole discretion. Automated requests are prohibited, and any use of automated devices will cause disqualification.
4. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, damaged, or garbled mail and/or requests, or for any errors or problems that may occur in connection with this Offer. Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connection, availability, or accessibility or miscommunications, or failed computer, satellite, telephone or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions or other errors of any kind whether human, mechanical, electronic, typographical, computer, printing or otherwise relating to or in connection with the Offer, including, without limitation, errors which may occur in connection with the administration of the Offer, or in any Offer-related materials. Should the administration of the offer be compromised by bugs, worms, viruses, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or submission of information, Sponsor reserves the right at its sole discretion to terminate the Offer. By participating, you agree (i) to be bound by these Terms and Conditions and the decisions of Sponsor, which are final and binding, and (ii) to release and hold harmless Sponsor, and its parent, subsidiaries, affiliates, retailers, advertising and promotion agencies and all of their respective officers, directors, employees and agents (collectively, “Released Parties”) from any liability for any injuries, losses or damages of any kind, including death to persons or property resulting in whole or in part, directly or indirectly from participation in this Offer, including any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
SPONSOR MAKES NO WARRANTY OF ANY KIND REGARDING THE OFFER, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPONSOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS OFFER WILL BE ERROR-FREE. SPONSOR FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE OFFER. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Any failure to abide by the Official Terms and Conditions, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with this Offer may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Offer, as well as any other benefits earned in connection therewith, in Sponsor's sole and absolute discretion.
As a condition of participating in this Offer, Participant: (1) agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Offer, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules; (2) consents to the jurisdiction and venue of the federal, provincial and local courts for Toronto, Ontario; (3) agrees that any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Offer, but in no event attorneys’ fees; (4) agrees that under no circumstances will Participant be permitted to seek recovery for, and Participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased; (5) agrees that all causes of action arising out of or connected with this Offer shall be resolved individually, without resort to any form of class action; and (6) agrees to be bound by these Terms and Conditions and the decisions of Sponsor, which are final and binding, without right of appeal, with respect to all aspects of the Offer, including without limitation the eligibility of Participants.
In the event of any conflict between any Offer details contained in these Official Terms and Conditions and any Offer details contained in any Offer materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Offer as set forth in these Official Terms and Conditions shall prevail.
These Terms and Conditions constitute the entire agreement between Offer Participants and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.