Official Rules
PROTECT THE FUN SWEEPSTAKES
Full Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
This Sweepstakes is governed exclusively by the laws of the United States. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram LLC. By using the Instagram platform, entrants submit to the Instagram Terms of Use. The information entrants provide will only be used in accordance with these terms and conditions. Any questions, comments or complaints regarding this promotion must be directed to the Sponsor and not to Instagram. Further, entrants release Instagram and its associated companies from all liability arising in respect of the promotion.
- Eligibility. Banana Boat Protect the Fun Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry (nineteen (19) in Alabama and Nebraska). VOID WHERE PROHIBITIED. Employees of Edgewell Personal Care Brands, LLC, Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort (“Universal Orlando”), Universal City Studios, LLC d/b/a Universal Studios Hollywood (“Universal Studios Hollywood”) (Universal Orland and Universal Studios Hollywood may collectively be referred to herein as “Universal”) and their respective parents, subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Sweepstakes and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive a prize, you must fully comply with the Official Rules. By entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor whose decisions shall be binding and final in all respects relating to this Sweepstakes.
- Sponsor: Edgewell Personal Care Brands, LLC, 6 Research Drive, Shelton, CT 06484.
- Timing: The Sweepstakes begins on December 20, 2024 at 12:00:01 AM Eastern Time (“ET”) and ends on December 27, 2024 at 11:59:59 PM ET (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state, and local laws. Void where prohibited by law.
- How to Enter. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning. Entrants may enter the Sweepstakes during the Promotion Period by either of the below methods:
(1) Instagram Entry: Log in to or create your Instagram account, and:
- Follow @bananaboat, @universalorlando and @unistudios on Instagram
- Like the original Banana Boat Instagram post associated with the Sweepstakes
- Tag who you are taking with you if you win in a comment led by #BananaBoat_Sweepstakes (the “Required Hashtag”).
NOTE: Entries without the Required Hashtag will not be eligible to win.
For each valid entry, Entrant will receive one (1) entry into the drawing for the Sweepstakes;
or
(2) Email Entry: Alternatively, email your name and a valid email address to BananaBoatSocial@gmail.com during the Entry Period to receive one (1) entry into the drawing for the Sweepstakes. Please include “Banana Boat Protect the Fun Sweepstakes” in the subject line. Emailed entries must be received no later than 11:59 PM ET on December 27, 2024, to be considered valid entries.
You must obtain permission from any other person you enter before entering his/her name in your Sweepstakes entry.
Limit one (1) entry per person per Instagram account or email entry during the Entry Period. No automated entry devices and/or programs permitted. Released Parties (as defined below) are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries or mail, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. In the event of a dispute as to any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant and he/she must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder to be awarded the prize.
Proof of submission will not be deemed to be proof of receipt by Sponsor. All entries become the property of Sponsor and will not be acknowledged or returned.
By submitting an entry, entrant warrants and represents that he or she and the person tagged, or any other third-party who appears in or is identifiable in the entry consent to the submission and use of the entry and any information connected to the entry in the Sweepstakes and to its use as otherwise set forth herein. Entrant further warrants and represents that his or her submission will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party or give rise to any claims for payment whatsoever.
5. Winners Determination, Odds & Winner Announcement. On or about December 30, 2024, Sponsor will select one (1) entry for the grand prize described below in a random drawing of all eligible entries received. The drawing will be conducted by the Sponsor, whose decisions are final on all matters relating to the drawing and to this Sweepstakes.
The potential winner will be announced by Sponsor on or about December 30, 2024 as outlined by this section. Sponsor will announce the potential winner in an Instagram Story posted to the Banana Boat Instagram page on or about 5:00 PM ET on December 30, 2024 (“Winner Announcement”). For Instagram entries, Sponsor will send the potential winner a direct message on Instagram and for email entries, Sponsor will notify the potential winner via email at the email address provided at time of entry. Grand prize award is subject to verification of eligibility and compliance with the terms of these Official Rules.
If by reason of printing, computer, or Internet malfunction or error, or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes. Odds of winning a Sweepstakes grand prize depend on the number of eligible entries received during the Entry Period. Limit of one prize per person per household.
6. POTENTIAL SWEEPSTAKES GRAND PRIZE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNERS AND OTHER MATTERS RELATED TO THE SWEEPSTAKES.
7. VERIFICATION OF POTENTIAL WINNER
The potential winner will be required to (a) contact Sponsor on Instagram or by email (bananaboatsocial@gmail.com) within seven (7) days of the Winner Announcement to redeem their prize and to provide: (1) winner’s full name, (2) a valid mailing address (including city, state, zip), (3) phone number and (4) e-mail address to the Sponsor to be used for delivery of the prize (travel package letter to be sent to winner via email for completion and re-submission to Sponsor); and (b) sign and return a winner affidavit of eligibility/liability and publicity release (the “Affidavit”) and IRS Form W-9 (if requested), (together, “Winner Paperwork”) to Sponsor within seven (7) days of the Winner Announcement for Sponsor to use if it wishes to promote the winner in connection with the Sweepstakes, or an alternate potential winner may be selected. In the event: (a) the potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or the Winner Paperwork is returned as undeliverable; (b) the potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) the potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) the potential winner cannot or does not comply with the Official Rules, or (f) the potential winner fails to fulfill the Winner Paperwork-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the remaining eligible entries received in accordance with the winner determination mechanism outlined above. Sponsor reserves the right to modify the notification and Winner Paperwork procedures in connection with the selection of alternate potential winner, if any. If the potential winner provides a photo and statement to Sponsor for its use in promoting the winner in connection with the Sweepstakes, winner represents and warrants that he/she owns all rights necessary (including, without limitation, from the photographer) to grant to Sponsor the right to use the photo and statement in any manner, in any and all media now or hereafter developed (including, but not limited it, on Sponsor’s websites and social media accounts), in connection with advertising and promoting the Sweepstakes, worldwide in perpetuity, without further compensation, notification or permission from winner or any third party.
8. GRAND PRIZE
One (1) grand prize will be awarded. The Grand Prize winner will be awarded one (1) trip (“Trip”) for the prize winner and one (1) guest (“Guest”) to winner’s choice of either Universal Orlando Resort in Orlando, Florida (the “UO Trip”) or Universal Studios Hollywood in Los Angeles, California (the “USH Trip”).
If the UO Trip is selected by the winner, the Grand Prize has a Fair Market Value (“FMV”) of Two Thousand Nine Hundred Two and 97/100 Dollars ($2,902.97) (actual value may vary depending on departure date and location) and includes:
a. Round trip economy-class air transportation for one (1) winner and one (1) Guest from a major airport near winner’s home (as determined by Universal Orlando in its sole discretion) to Orlando, Florida*. Winner will be responsible for ground transportation to/from the airport at point of origin;
b. Non-exclusive ground transportation for one (1) winner and one (1) Guest from/to the airport in Orlando, Florida and to/from the hotel*;
c. Hotel accommodations, room and tax only, for one (1) winner and one (1) Guest in the form of one (1) standard room (double occupancy) at one of the Universal Orlando Resort hotels (specific hotel and room to be selected by Universal Orlando in its sole discretion) for three (3) consecutive nights; and
d. Theme park admission to Universal Studios Florida, Universal Islands of Adventure and Universal Volcano Bay in the form of two (2) 3-Park 3-Day Park-to-Park tickets.
* For a winner who is a Florida resident and selects the UO Trip, air transportation may be substituted with another method of transportation by Universal Orlando in its reasonable discretion.
If the USH Trip is selected by the winner, the Grand Prize has a FMV of Three Thousand Two Hundred Seventy-Six and 00/100 Dollars ($3,276.00) and includes:
a. Round trip economy-class air transportation for one (1) winner and one (1) Guest from a major airport near winner’s home (as determined by Universal Studios Hollywood in its sole discretion) to Los Angeles, California**. Winner will be responsible for ground transportation to/from the airport at point of origin;
b. Non-exclusive ground transportation for one (1) winner and one (1) Guest from/to the airport in Los Angeles, California and to/from the hotel**;
c. Hotel accommodations, room and tax only, for one (1) winner and one (1) Guest in the form of one (1) standard room (double occupancy) at the Sheraton Universal Hotel or another nearby hotel (specific hotel and room to be selected by Universal Studios Hollywood in its sole discretion) for three (3) consecutive nights; and
d. Two (2) 2-Day General Admission tickets to Universal Studios Hollywood.
** For a winner who is a California resident and selects the USH Trip, air transportation may be substituted with another method of transportation by Universal Studios Hollywood in its reasonable discretion.
Travel must be completed no later than December 31, 2025 or prize will be forfeited. Blackout dates or other restrictions may apply as dictated by Universal, airline and/or hotel. Winner travel arrangements must be made a minimum of sixty (60) days prior to winner travel and are subject to availability. If winner is unable to fulfill prize during time period, winner forfeits the prize package. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If winner elects to partake in any or all portions of his/her prize with fewer than the above stated number of guests or no guest, the prize will be awarded to winner and each participating guest and any remainder of the prize will be forfeited and shall not be subject to further or alternative compensation. Winner must be eighteen (18) years of age or older. If the winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied by an adult, who is at least twenty-one (21) years of age, in order to check in to the hotel. Minor traveling companions, if any, must be accompanied by a parent or legal guardian as the winner or a travel companion. Trips are non-transferable and have no cash value. All unclaimed and/or unused prize packages, will remain the property of Universal. Winner and guests must travel at the same time and must depart from the same city. All details of the Grand Prize will be determined by Universal in its sole discretion and Universal reserves the right to substitute a similar prize or prize element of comparable value.
All theme park tickets are valid during normal operating hours only. Operating hours and availability of attractions and shows are subject to change without notice. Some special events may be separately ticketed. Universal reserves the right to change the name of all tickets. All tickets specifically exclude admission to special or separately ticketed “hard ticket” entertainment events (including but not limited to Universal’s Halloween Horror Nights) at any of the theme parks, hotels, or within any of the Universal CityWalk venues such as Hard Rock Live®.
In connection with any visit to Universal Orlando Resort or Universal Studios Hollywood, please be advised that Universal’s policies, CDC guidelines, and the recommendations of health officials must be followed. In addition, guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Universal destination. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Universal cannot guarantee that any person will not be exposed during a visit.
All parts of the prize selected are subject to availability and blackout dates, and subject to change without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions, including but not limited to travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this promotion occurs, render the redemption or fulfilment of some or all of the prize delayed, hindered, adversely affected, impracticable, or impossible, Universal in its sole and absolute discretion, reserves the right to evaluate and make modifications to the redemption and fulfilment processes and timelines for any prize or portion of a prize that Universal is responsible for, which may include but is not limited to providing additional time for redemption and/or fulfilment. In addition, guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Universal destination. Should the prize become unavailable, experiences and items of a similar nature and value may be offered.
Universal Studios Hollywood and Universal Orlando Resort are prize suppliers only in this Sweepstakes; are not sponsors of this Sweepstakes; and are not responsible for the administration of the Sweepstakes, the collection of the entries or the conduct of the draws.
Any disputes, claims, and causes of action against Universal Orlando Resort arising out of or relating to any person’s use of, or participation in any portion of the UO Prize involving Universal Orlando Resort shall be resolved by applying the laws of Florida, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Orange County, Florida. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees. Any disputes, claims and causes of action against Universal Studios Hollywood arising out of or relating to any person’s use of, or participation in the USH Prize involving Universal Studios Hollywood shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law (an “Arbitration”) in Los Angeles, California. The Arbitration shall be administered by JAMS in accordance with the Streamlined Arbitration Rules and Procedure of JAMS (available at https://www.jamsadr.com/rules-streamlined-arbitration/ [jamsadr.com]) or subsequent versions thereof, including the optional appeal procedure.
9. PUBLICITY RELEASE
Except where prohibited or restricted by law, winner’s acceptance of a prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), travel destination and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, social media, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
10. GENERAL CONDITIONS
Released Parties shall not have any obligation or responsibility, including any responsibility to award the prize to entrant, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of a prize winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, epidemics, pandemics, or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by the prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of the prize (including the use of any product provided as part of the prize) or resulting from participating in this Sweepstakes or any promotion or prize related activities.
Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, 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 computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses, or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right, to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor.
11. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE
By participating in the Sweepstakes, entrants and winner agree to release and hold harmless Sponsor, Universal, Instagram and their respective parents, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize (including any travel or activity related thereto) or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer or other device, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of a prize (or any component thereof) or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York County, State of New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction that they may have.
12. ENTRANT’S PERSONAL INFORMATION
Sponsor is committed to ensuring that entrant and winner privacy is protected. All entrants agree that any personal information (ex. contact information, address, phone number, email address, etc.) provided may be collected and used in connection with administering the Sweepstakes, including, but not limited to, contacting and announcing any winners; and for marketing and advertising purposes in accordance with these Official Rules and associated Winner Paperwork. Additionally, use of information provided by entrants will be governed by the privacy policy available at: https://edgewell.com/privacy-policy/. Please review the Sponsor’s privacy policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information as outlined herein and acknowledge that they have read and accepted Sponsor’s privacy policy.
13. WINNERS LIST
For Sweepstakes results, send a self-addressed, stamped envelope to: Banana Boat Marketing Team, ATTN: Protect the Fun Sweepstakes, 6 Research Drive, Shelton, CT 06484. Requests for the Winner’s List must be received within 2 months of the end of the Entry Period.
14. PRIZE PROVIDER
Universal are prize providers only in this Sweepstakes; are not sponsors of this Sweepstakes; and are not responsible for the administration of the Sweepstakes, the collection of the entries or the conduct of the draws. Any disputes, claims, and causes of action against Universal arising out of or relating to any person’s use of, or participation in any portion of the Universal Orlando prize involving Universal Orlando Resort (“UO Trip Prize Claims”) shall be resolved by applying the laws of Florida, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Orange County, Florida. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees. Any disputes, claims and causes of action against Universal Studios Hollywood arising out of or relating to any person’s use of, or participation in the Universal Studios Hollywood prize involving Universal Studios Hollywood (“USH Trip Prize Claims”) shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law ( an “Arbitration”) in Los Angeles, California. The Arbitration shall be administered by JAMS in accordance with the Streamlined Arbitration Rules and Procedure of JAMS (available at https://www.jamsadr.com/rules-streamlined-arbitration/) or subsequent versions thereof, including the optional appeal procedure.