2011 FAAN Walk iPad 2® Giveaway

Official Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: 2011 FAAN Walk iPad Giveaway (the “Giveaway”) is open only to 2011 FAAN Walk attendees who are legal residents of the fifty United States (including the District of Columbia), at least eighteen (18) years old at the time of entry, and have their own or their child’s non-expired EpiPen® auto-injector (“EpiPen”) in their possession at the time of entry. Individuals participating in the “virtual” FAAN Walks are not eligible to enter. Employees of Dey Pharma, L.P., The Food Allergy & Anaphylaxis Network, and their respective parent, subsidiary and affiliate companies and suppliers, vendors and agents, as well as their family and household members are not eligible. Healthcare providers and all healthcare provider-related parties and affiliates are not eligible. Subject to all applicable laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s (as defined herein) decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Dey Pharma, L.P., 110 Allen Road, 4^th Floor, Basking Ridge, NJ 07920 (“Dey”).

3. Location and Timing: The Giveaway will occur at each of the following FAAN Walks (“Walks”):

Entry into the Giveaway for eligible attendees will begin at the designated check-in time for each of the Walks, and will remain open for a period of two (2) hours (“Entry Period”). If you have not registered or verified existing registration of your own or your child’s EpiPen at the end of the Entry Period you are ineligible to enter. Each Walks’ specific sites and check-in times can be found at http://www.foodallergywalk.org. Walks are subject to cancellation; no Giveaway will be conducted if the Walk is cancelled. 

4. How to Enter: Eligible attendees must first register for the walk at the FAAN registration tent then they can enter the Giveaway by registering their EpiPens for a refill reminder at the Dey booth during each Walk’s Entry Period. EpiPens will not be prescribed or made available for purchase; entrants must present their own or their child’s non-expired EpiPens for registration or verification of existing registration. 

Limitations: Only one (1) entry ticket per entrant regardless of the quantity of EpiPens that the entrant registers. In the event that internet access cannot be established and maintained for the entire registration process on account of technical difficulties or any other reason, the drawing will not be conducted and no prize will be given away. 

5. Prize Drawing and Verification of Potential Winner: One (1) winning entry ticket will be drawn at the Dey booth at the conclusion of each Walk. The potential winner must be present and must claim the prize within one (1) minute after his or her number has been announced as the winning number. If no winner is identified within that time period, then another ticket will be drawn and the Prize Drawing process will be repeated until a winner is identified. Upon verification of eligibility, the winner will be instantly awarded the iPad. If any of the eligibility requirements are found to be inaccurate or falsified, the winner agrees to forfeit and return the prize to Dey Pharma, L.P., 110 Allen Road, 4^th Floor, Basking Ridge, NJ 07920.

6. Prize: One (1) Apple iPad 2® (Wi-Fi 16GB) will be given away at each Walk. Each Walk’s prize drawing is separate and there is no roll-over from one Walk’s prize drawing to another. Approximate Retail Value: $499.00. No service will be provided to support the iPad, and Dey does not warrant the iPad in any way. The prize is non-transferable and no substitution will be made except as provided in Dey’s sole discretion. Dey reserves the right to substitute the listed prize for one of equal or greater value for any reason. All fees, federal, state, local taxes and/or other expenses relating to the use, acceptance, and possession of the prize are the sole responsibility of the winner. Odds of winning the prize depend on the number of eligible entries received at each Walk. 

7. Release: By entering the Giveaway, each entrant agrees to release and hold harmless Dey, The Food Allergy & Anaphylaxis Network, their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of any prize. This Release does not apply to claims for personal injury or death caused by the negligence of the Released Parties.

8. Publicity: Except where prohibited, participation in the Giveaway constitutes winner’s consent to Dey’s use of winner's name and likeness for promotional purposes in any media, worldwide, without further payment or consideration.

9. General Conditions: Dey reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Dey’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Dey in its sole discretion. Dey reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Dey reserves the right to seek damages from any such person to the fullest extent permitted by law. Dey’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Disclaimers: The Released Parties are neither liable or responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of any prize. THE RELEASED PARTIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS GIVEAWAY OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PRIZE.

11. Disputes, Limitation of Liability and Applicable Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in any way related to this Giveaway, or any prize awarded, other than those concerning the administration of the Giveaway or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or in any way related to  this Giveaway, or any prize awarded, shall be resolved exclusively by the United States District Court or the appropriate New Jersey State Court located in Somerset County, New Jersey; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but excluding attorneys' fees. EXCEPT TO THE LIMITED EXTENT THE FOLLOWING LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW: UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, INDIRECT AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES (EXCLUDING ATTORNEYS’ FEES), AND ENTRANT WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Dey in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.

12. Entrant's Personal Information: All personal information submitted to Dey via myepipen.com will be treated in accordance with Dey’s privacy policy at http://www.epipen.com/privacy-statement. No personal information will stored on the laptop in which entrants sign into and/or register on myepipen.com.

13. Winners List: For a Winners List, send a self-addressed, stamped envelope to FAAN Walk iPad Giveaway Winner List, Attn: Travis Dunsmore, Dey Pharma, L.P., 110 Allen Road, 4^th Floor, Basking Ridge, NJ 07920. Requests for the Winners List must be received by February 15, 2012.

Apple, Inc. is not a sponsor or participant in the Promotion and makes no endorsement of the Promotion. iPad 2® is a registered trademark of Apple, Inc.

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