2018 HUGGIES® NO BABY UNHUGGED® GRANT PROGRAM TERMS & CONDITIONS
NO Purchase Necessary. Grant decisions are not based on the current diaper or Wipe brand currently used by an applicant, or brand that may be used in the future.
The 2018 HUGGIES® No Baby Unhugged® Grant Program ("Program") is sponsored by Kimberly-Clark Corporation ("Sponsor"), 2100 County Road, Neenah, WI 54956.
1. PROGRAM PERIOD: The Program application period begins January 1, 2018, at 12:00 PM Eastern Time ("ET") and ends on December 31, 2018 at 11:59:59 PM ET ("Program Application Period").
2. ELIGIBILITY: This Program is offered only to hospitals located within the 50 United States or District of Columbia that have all of the following: (i) a Neonatal Intensive Care Unit (“NICU”) facilities, (ii) a current volunteer program at the hospital, (iii) the ability to participate in joint communications including the use of the HUGGIES brand, the hospital name (and any associated branding) and the “hugger” program, and (iv) are equipped to manage the implementation of reporting requirements outlined in Section 4 (a “Hospital”). In order to submit an Application in the Program, a Hospital Representative must complete the Application on its behalf, as further described in Section 3. To qualify as a “Hospital Representative”, a person must be (i) a Hospital administrator specifically and legally authorized by the Hospital to submit an Application on behalf of the Hospital, (ii) a legal resident of the 50 United States or District of Columbia, and (iii) at least 18 years old when the Application is submitted. Employees of Sponsor, Prize Logic, LLC (“Administrator”), and each of their respective parent companies, subsidiaries and affiliates, distributors, and companies involved in the implementation and execution of the Program (“Program Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Program. Void where prohibited or restricted by law. By participating in this Program, an individual who meets the definition of a Hospital Representative, and submits an Application in the Program, agrees on behalf of himself/herself and the Hospital to be bound by these terms and conditions (“Terms and Conditions”) and that the decisions of Sponsor and/or Administrator shall be final and binding in all matters pertaining to the Program.
3. HOW TO ENTER THE PROGRAM: During the Program Application Period, a Hospital Representative must visit http://www.huggieshealthcare.com/en-us/program-terms-conditions (“Website”) and follow the on-screen prompts to download a Program application (“Application”). Hospital Representative must then complete the Application including: his/her complete name, title, valid work e-mail address, daytime/work telephone number, Hospital name, Hospital address, and answers to all the questions in the Application. Completed Applications must then be e-mailed to Huggie[email protected] and received by the Administrator prior to the end of the Program Application Period.
Application Limit: The limit is one (1) Application per Hospital location during the Program Application Period. Multiple Hospital locations within the same health system may each submit an Application, provided each Application is unique. Multiple Applications may result in original Application being disqualified in the Sponsor’s sole discretion.
By submitting an Application, each Hospital Representative agrees on behalf of himself/herself and the Hospital that his or her Application conforms to the Application guidelines and restrictions set forth in Section 4 of these Terms and Conditions (“Application Requirements”).
4. APPLICATION GUIDELINES AND RESTRICTIONS: Each Application:
• Must be submitted during the Program Application Period;
• Must not be plagiarized, have been previously published or has been entered into a similar program with Sponsor’s competitor;
• Must be in English, except for commonly understood foreign words;
• Must follow the instructions and comply with these Terms and Conditions;
• Must not disparage Sponsor, Administrator, or any other person or party affiliated with the promotion and administration of this Program;
• Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement (including, but not limited to logos (manufacturer or carrier), trade names, or patented features);
• Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, violent, tortious, defamatory, slanderous or libelous (as determined by Sponsor at Sponsor’s sole discretion);
• Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age (as determined by Sponsor in its sole discretion);
• Must not contain any express or implied commercial endorsement;
• Must not contain, facilitate, reference, or use material that promotes illegal drug use, alcohol abuse, or other illegal activity;
• Must not contain material or statements that promote use of alcohol by minors, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and
• Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Application is created.
Further, by submitting an Application and if the Hospital receives a Grant, each Hospital Representative on behalf of himself/herself and the Hospital agrees to the following activities for a period of two (2) years from receiving the Grant:
• May not accept any other sponsorship or grant in the diapers and wipes category for hugging program activities
• Allow Huggies to share your hospital’s name as a grant recipient on Huggies.com and HuggiesHealthcare.com
• Agree to promote the Huggies No Baby Unhugged Grant in a mutually agreed upon way, e.g., on the hospital’s website, community newsletter, social channels
• Agree to allow Huggies to publicly announce that your hospital received the Grant via distribution of press release
• Prepare and submit bi-annual report (based on sponsor-provided template) on Grant-sponsored program outcomes, which may be shared publicly, including, but not limited to:
o Number of volunteer hours; volunteers screened, trained or deployed; babies hugged; and families helped
o Stories covered by traditional/social media and featured in internal communications
o Best practices that can be shared with other hospitals
Further, each Hospital Representative on behalf of himself/herself and the Hospital agrees that Sponsor may identify the Hospital in any media in perpetuity as having received a Grant from the Sponsor.
NOTE: By submitting an Application, each Applicant on behalf of himself/herself and the Hospital agrees that his/her Application conforms to the Application Guidelines and Restrictions set forth above and that Sponsor and/or Administrator may, at their sole and absolute discretion, disqualify his/her Hospital from the Program if Sponsor/Administrator decides that his/her Application fails to conform to the such requirements or any other provision of these Terms and Conditions.
5. JUDGING AND SELECTION OF THE GRANT RECIPIENTS: Quarterly throughout the Program Application Period all eligible Applications received will be reviewed by a panel of qualified judges comprised of Kimberly-Clark employees (“Judges”) to determine Grant recipients. The Judges will review each Application using the following criteria: (i) the reasons for why the Hospital is applying for the Grant, (ii) the impact that the Grant will have on the babies born in the Hospital, and (iii) how Hospital will implement the Grant i. Other factors may be considered by the Judges in determining the Grant recipients. Grant recipients are each considered a potential Grant recipient pending verification of eligibility and compliance with these Terms and Conditions, and agreement to Grant Conditions as further described in Section 5. Decisions of the Judges are final and binding. Grants will be awarded from time to time throughout the Program Application Period. The total number of Grants awarded will not exceed the Grant Limit as set forth in Section 6 of these Official Rules.
6. GRANTS AND CONDITIONS: Each selected Hospital will receive a “Grant” to implement a new hugging volunteer program or to expand support for a pre-existing volunteer program. Each individual Grant is Ten Thousand Dollars ($10,000) Grants will be awarded in the form of a check made payable to the individual Hospital and not to the Hospital Representative. Each Grant recipient will be responsible for applying the Grant funds to activate its volunteering program as it individually sees fit, provided Grant recipient complies with all reporting requirements as set forth in these Terms and Conditions.
Limit of one (1) Grant per Hospital location. All other costs and expenses not expressly set forth herein shall be solely the Grant recipient’s responsibility. The Program Entities shall not be held responsible for any delays in awarding a Grant for any reason. No more than Two Hundred Fifty Thousand Dollars ($250,000) is available to be awarded in the form of Grants in the Program (the “Grant Limit”). It is the Sponsor’s intent to award twenty-five (25) Grants in the Program, depending upon the total eligible Applications received.
Please note, that during the Program Application Period, Sponsor may choose to independently select Hospitals to receive separate grants under the “HUGGIES No Baby Unhugged” name. These grants are not related to this Program. If the Sponsor awards such grant(s), these grant(s) will not decrease the number of Grants awarded in this Program.
7. HOW TO CLAIM A GRANT: Potential Grant recipients are subject to verification of eligibility and compliance with these Terms and Conditions. Upon selection, each potential Grant recipient will be notified by Administrator via the Hospital Representative’s e-mail and will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) and a performance contract within ten (10) business days from the date it is sent, or the Grant may be forfeited in its entirety and awarded to an alternate Hospital, at the Sponsor’s sole and absolute discretion. If a notification e-mail is retuned as undeliverable, a potential Grant recipient fails to return the completed paperwork and executed within ten (10) business days, if any Applicant is found to be ineligible or not in compliance with these Terms and Conditions, or declines to accept the Grant, the Grant may be forfeited, in Sponsor’s sole discretion.
Upon verification of eligibility and execution of the performance contract, Administrator will mail the Grant check to the Hospital Representative at the physical address (P.O. Boxes are not permitted) of the Hospital provided on the Application. Please allow 6 - 8 weeks for delivery. The Program Entities shall not be held responsible for any delays in providing a Grant for any reason. If, after a good-faith attempt, Sponsor is unable to provide or deliver a Grant, the Grant may not be awarded. Grants are not transferable.
8. LIMITATION OF LIABILITY: By participating in this Program, each Hospital Representative agrees on behalf of himself/herself and his/her Hospital that the Program Entities and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/UseNet accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Program and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Program-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Program and/or accepting a Grant. Released Parties shall not be responsible or liable for Applications entered by any automated computer, program, mechanism or device; for any Applications in excess of the stated limit; or for Applications that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms and Conditions, and all such Applications will, at Sponsor’s sole discretion, be disqualified.
If, for any reason, an Application is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Application in the Program, Hospital Representative’s sole remedy is to Apply to the Program again. If for any reason, Sponsor believes the Program is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Program and/or proceed with the Program, including the selection of Grant recipients in a manner it deems fair and reasonable. This Program is subject to all federal, state, and local laws and regulations.
By entering the Program, each Hospital Representative agrees on behalf of himself/herself and his/her Hospital : (i) to be bound by these Terms and Conditions and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Program, including, but not limited to, any Program-related activity or element thereof, and the Hospital Representative/Hospital, participation or inability to participate in the Program; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Terms and Conditions or any Program materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Grant (or any component thereof); (e) change in the Grant details (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Terms and Conditions; (f) any interruptions in or postponement, cancellation or modification of the Program; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of an Application; (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an Applicant; and (j) interruption or inability to access the Program, the Website or any other Program-related websites or any online service via the Internet due to hardware or software compatibility problems.
9. DISPUTES: This Program is governed by, and will be construed in accordance with, the laws of the State of Michigan, and the forum and venue for any dispute shall be in Oakland County, Michigan. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its arbitration rules and procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Michigan. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages or have damages multiplied or otherwise increased, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Hospital Representatives and Applicants agree that the rights and obligations of any Hospital Representative, Applicant, and/or Program Entities and/or any other party shall be resolved individually, without resort to any form of class action. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.
11. GENERAL: Any attempted form of participation in this Program other than as described herein is void. If it is discovered or suspected at Sponsor’s sole discretion that an individual Hospital Representative has submitted or attempted to submit more than one (1) Application using multiple e-mail addresses, multiple identities, proxy servers or like methods, all of that Hospital Representative’s Applications will be declared null and void, and the Hospital and Hospital Representative will, at Sponsor’s sole discretion, be disqualified from the Program. In the event of a dispute as to the identity of a Hospital Representative, the Application will be declared made by the authorized account holder of the e-mail address account used to submit such Application. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor and Administrator reserve 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 a Program. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Program may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE PROGRAM OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of any conflict with any Program details contained in these Terms and Conditions, and Program details contained in any Program promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Program as set forth in these Terms and Conditions shall prevail.
Sponsored by Kimberly-Clark, 2100 County Road, Neenah, WI 54956.
© 2018 Kimberly-Clark. All rights reserved.