THE METAMUCIL 2-WEEK CHALLENGE HBCU $10,000 DONATION OFFER TERMS & CONDITIONS
OPEN TO 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.
1. Program Summary: The Metamucil Two-Week Challenge HBCU $10,000 Donation Offer (the “Program”) starts on January 1, 2019 at 12:00:01 a.m. Eastern Time (“ET”) and ends on February 28, 2019 at 11:59 PM ET (“Registration Period”).
2. Eligibility: The Program is open only to legal residents of the 50 United States, or the District of Columbia who are at least 18 years of age or older at the time of participation (“participant”). Employees, officers, and directors of The Procter & Gamble Distributing LLC (“Sponsor”), Don Jagoda Associates, Inc., and any of their respective affiliates, parents, subsidiaries, divisions, suppliers, and advertising, promotional and judging agencies (collectively referred to as "Released Parties") are not eligible to participate. Void where prohibited, taxed or restricted by law. Individuals who meet these eligibility requirements are referred to herein as “Participants.” Participation constitutes a Participant’s full and unconditional agreement to these Terms and Conditions and the decisions of Sponsor and their affiliates and subsidiaries, which are final and binding in all matters related to the Program.
3. Instructions for Registration Via the Website Only: During the Registration Period, visit www.metamucil.com (the “Website”) and follow the on screen instructions to register for the Metamucil Two-Week Challenge and select the Historical Black College or University that you are affiliated with from the drop down menu, if applicable. You must complete all required registration information to participate. Normal internet access and data/usage charge imposed by participant’s online/phone service may apply.
4. Program Limitations: Each Participant may only participate one (1) time during the Program.
5. College/University Donation Determination/Donation: On or about March 1, 2019, Sponsor will determine the college/university that will receive the $10,000 donation based on the college/university that is included most on the registration forms. In the event of a tie, each college/university would receive a $10,000 donation. In the event that more than three (3) colleges/universities are tied, $30,000 would be divided up evenly amongst all the tied colleges/universities. Determination is subject to verification and Sponsor’s decisions are final on all matters relating to the determination. Donation details are in Sponsor’s sole discretion and an authorized administrator at the determined college/university may need to execute and return any required forms prior to receipt of donation for their college/university in a timeframe determined by Sponsor. Return of any notification/forms as undeliverable or if the college/university does not wish to accept the donation, an alternate college/university will be determined, as outlined above. Any applicable federal, state and local taxes are the responsibility of the college/university.
6. Limitations Of Liability: Officers, directors, agents and employees of the Released 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, 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 computer related to participating in the Program. Released Parties are not responsible for misdirected, delayed, undelivered, damaged, late or incorrect or inaccurate registration information, whether caused by Internet users or programming associated with or utilized in the Program or by any technical or human errors that may occur in the administration of the Program. Released Parties are not responsible for any typographical errors in any Program-related materials. Participants found tampering with, abusing any aspect of the Program, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the Program is compromised by viruses, bugs, non-authorized human intervention or other causes, which in Sponsor’s judgment, may corrupt the administration, security, or fairness of the Program, Sponsor reserves the right, in its sole discretion, to modify, discontinue, suspend or terminate the Program and determine the college/university which will receive the donation, based on registrations received prior to cancellation, if any. RELEASED PARTIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE INDIVIDUAL PARTICIPANT.
7. Release: Released Parties expressly disclaim any responsibility, and each Participant agrees to hold Released 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, without limitation, death 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 Program, the delivery and/or subsequent acceptance of Donation by the college/university or any Program related activity. Released Parties 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 Submission.
8. 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 any individual found, in its sole opinion, to be tampering with the operation of the Program; 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 Program. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Program and will void any attempted participation effected by such methods and the result in the individual utilizing the same to be ineligible to participate in the Program. In the event of any conflict with Program details contained in these Terms and Conditions and Program details contained in the Program materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Program as set forth in these Terms and Conditions shall prevail.
9. Privacy: Trust is a cornerstone of Sponsor’s corporate mission and the success of their business depends on it. Sponsor is committed to maintaining your trust by protecting personal information they collect about you. Click here for the full details of Sponsor’s Privacy Statement: http://www.pg.com/privacy/english/privacy_notice.html.
10. Governing Law: The Program and the Terms & Conditions shall be exclusively governed by and construed in accordance with the laws of the state of Ohio, without regard to conflicts of law provisions. Entrants submit to exclusive personal jurisdiction in Ohio and agree that any dispute shall be brought in the state or federal courts in Ohio. You agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Program, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Ohio; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with registering for the Program, but in no event attorney’s fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages, whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.
11. Sponsor: The Program is sponsored by The Procter & Gamble Distributing LLC, One P&G Plaza, Cincinnati, OH 45202.
*THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
†Diets low in saturated fat and cholesterol that include 7 grams of soluble fiber per day from psyllium husk, as in Metamucil, may reduce the risk of heart disease by lowering cholesterol. One serving of Metamucil has 2.4 grams of this soluble fiber. One serving of Metamucil capsules has at least 1.8 grams of this soluble fiber.
**Survey of 291 adults who self-reported that they felt lighter and more energetic after completing the Metamucil Two Week Challenge.
^P&G calculation based in part on data reported by Nielsen through its ScanTrack Service for the Digestive Health category for the 52-week period ending 04/27/19, for the total U.S. market, xAOC, according to the P&G custom product hierarchy. Copyright © 2019, The Nielsen Company.