Golden Butterfly Terms and Conditions

 THE GOLDEN BUTTERFLY (“PROMOTION”) TERMS AND CONDITIONS (“TERMS”)

NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. MAKING A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF RECEIVING A PROMOTIONAL ITEM OR WINNING A PRIZE. THE PROMOTION IS VOID WHERE PROHIBITED BY LAW.

YOUR ENTRY IN THIS PROMOTION MEANS THESE TERMSFORM A BINDING LEGAL CONTRACT, SO PLEASE READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THESE TERMS AND THIS CONTRACT PROVIDE FOR YOUR INDEMNIFICATION OF NEB AND OTHER RELATED PARTIES, THE WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.

New England Biolabs, Inc. (“NEB”), located at 240 County Road, Ipswich, MA 01938, is the sponsor of the Promotion.

1. Entrant Eligibility.

   The Promotion is open only to legal residents of the fifty (50) United States (“US”), the District of Columbia (“DC”) and Puerto Rico (“PR”) who, at the time of entry, are at least twenty-one (21) years old, and who are life science professionals. Healthcare professionals may not participate in the Promotion. Directors, officers, employees, contractors, and agents of NEB, or any of its subsidiaries or affiliated companies and their immediate family and their household members may not participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“you” or ‘your”) full and unconditional agreement to these Terms and NEB’s decisions, which are final and binding, in all matters related to the Promotion. Winning a Promotional Item (defined below) is contingent upon your fulfillment of all requirements set forth herein.

   By participating in the Promotion, you represent that you are not prohibited by law, regulation, contract, policy, or terms of employment from participating in the Promotion and, as applicable, from winning or receiving a Promotional Item or Prize from NEB. If you are a federal government employee you are subject to the Office of Govt Ethics (OGE) regs at 5 C.F.R. 2635.201-206 (Standards of Ethical Conduct for Employees of the Executive Branch) and may be subject to additional agency-specific supplemental regulations, which you should refer to prior to participation in the Promotion and which may prohibit you from receiving a Promotional Item or Prize. The Promotion cannot be combined with any other discounts or promotions. The Promotion is void where prohibited, licensed, or restricted by federal, state, local law or regulation or agency/institutional policy or terms of employment. Other restrictions may apply. Determination of eligibility and validity of your participation in the Promotion, winner selection, and receipt of a Promotional Item or Prize is at NEB’s sole discretion.

2. The Promotion Entry Period.

   The Promotion entry period starts on April 15, 2024, at 12:01 a.m. Eastern Time (“ET”) and ends on July 15, 2024, at 11:59 p.m. ET (the “Promotion Entry Period”). Entries received outside the Promotion Entry Period will be void. NEB is the official timekeeper for the Promotion.

3. How to Enter the Promotion.

   The Promotion is comprised of two (2) phases (each a “Phase”). In Phase One, if you find a randomly placed NEB Golden Butterfly you will be eligible to receive a Promotional Item (defined below). In Phase Two, if you find a Golden Butterfly and complete the entry process during the Promotion Entry Period you will be entered into a random drawing for a chance to win a Prize (defined below).

   Phase One

   NEB Golden Butterflies will be randomly placed and can potentially be found in various NEB locations:

   • neb.com website pages;
   • marketing literature provided by NEB representatives and/or at conferences, seminars, tradeshows, and tabletop events; and
   • free product samples’ packaging (no charge for shipping or handling).
     
     

   During the Promotion Entry Period, if you find a NEB Golden Butterfly, to then enter the Promotion and to claim your Promotional Item:

   • Enter Online: (a) either click on or scan the associated QR code which will bring you to an online registration page; (b) access the online entry form; (c) enter your first and last name, email address, mailing address, and current areas of interest; (d) check the box to agree the Terms of the Promotion; and (e) follow the prompts to submit your entry.

    

   • Contact NEB: (a) If you cannot access or use the associated QR code then contact NEB at info@neb.com to receive a link to the online entry form; (b) access the online entry form; (c) enter your first and last name, email address, mailing address, and current areas of interest; (d) check the box to agree the Terms of the Promotion; and (e) follow the prompts to submit your entry.

    

   Any Golden Butterflies found after the Promotion Entry Period are void and the associated QR code will be deactivated. 

    

   Phase Two

   When you submit the online entry form (detailed above), you will be entered into a random drawing for a chance to win a Prize.

    

4. Maximum Number of Entries.

   You may submit a maximum of one (1) entry during the Promotion Entry Period. If you find more than one (1) Golden Butterfly, additional entries will be void.

5. Your Entry.

   NEB reserves the right at its sole discretion to disqualify any entry that: is a duplicate or substantially similar to another entry; includes any material in possible violation of any third-party’s rights; contains any illegal or offensive content or activity; is obscene, demeaning, defamatory, discriminatory, inappropriate or disparaging to any person or entity; or is likely to incite violence, is illegal or is threatening or harassing.

6. Promotional Item.

   There are one thousand (1,000) total anniversary prize packs consisting of one (1) or a selection of the following items: Golden Butterfly Pin; Golden Butterfly Sticker; NEB Commemorative Mug; and/or Butterfly Socks (each anniversary pack is a “Promotional Item”). No more than the stated number of Promotional Items will be distributed. A specific Promotional Item is provided to a Promotional Item Recipient at random and at the sole discretion of NEB.

   Total approximate retail value of each Promotional Item: Ten USD ($20). 

   There is a limit of one (1) Promotional Item per person during the Promotion.

   There are one hundred (100) total prizes (each a “Prize”):

   • Two (2) trips to visit NEB’s headquarters located at 240 County Road, Ipswich, MA 01938* (approximate value up to XYZ USD ($2000). Each Prize includes one (1) economy airfare to/from Boston, MA to/from the closest major airport to Prize Winner’s residence (as determined by NEB in its sole discretion), two to three (2-3) nights accommodation at a hotel close to NEB headquarters (as determined by NEB in its sole discretion), and transportation to/from the Boston, MA airport to the hotel and to/from the hotel to the NEB. NEB will arrange for the airplane ticket, hotel, and transportation.
   • Eight (8) Michael Updike pieces of slate artwork (approximate value XYZ USD ($160) per Prize).
   • Twenty (20) plush polar bears and a XYZ USD ($60) donation made to the World Wildlife Fund in the Prize Winner’s name (approximate value $60 USD per Prize).
   • Thirty (30) NEB Building Block Lab Sets (approximate value XYZ USD ($28) per Prize).
   • Forty (40) NEB lab gear packs (NEB lab coat, ice box, timer, and microfuge rack) (approximate value XYZ USD ($130) per Prize ).

   No more than the stated number of Prizes will be distributed.

   There is a limit of one (1) Prize per person in connection with the Promotion.

   If a potential Prize Winner is not eligible to accept the Prize drawn due to applicable law, regulation, contract, policy, or terms of employment, then NEB, at its sole discretion, may instead:

   • offer the Prize Winner a code for the Prize Winner to make a charitable donation through Tisbet.org (“Charitable Prize”). The Charitable Prize is provided by NEB in lieu of the Prize drawn, no more than the approximate value of the Prize drawn and not to exceed $500 USD, and otherwise subject to these Terms; and/or
   • select another entry from among the remaining valid entries as a potential Prize Winner.

   *Associated terms and conditions apply and will be provided to an NEB headquarters visit to Prize Winner after the Drawing Date.

7. Promotional Item Recipients.

   NEB will provide a Promotional Item to you if you locate an NEB Golden Butterfly and submit a valid entry through the online form outlined above during the Promotion Entry Period while supplies last (“Promotional Item Recipient”). NEB will send a Promotional Item to a Promotional Item Recipient using the mailing address provided by the Promotional Item Recipient to enter the Promotion. If NEB has difficulty sending the Promotional Item to a Promotional Item Recipient, NEB will attempt to contact the Promotional Item Recipient by email using the email address used by the Promotional Item Recipient to enter the Promotion. If a Promotional Item Recipient does not respond to NEB’s inquiries within 48 hours of contact, the Promotional Item Recipient’s entry may be disqualified.

   PROMOTIONAL ITEM RECIPIENT’S ELIGIBLITY IS SUBJECT TO VERIFICATION BY NEB, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.

8. Prize Winner Selection and Results.

   On or about July 17th, 2024, (the “Drawing Date”) NEB will select one hundred (100) entries in a random drawing among all valid entries received during the Promotion Entry Period as potential prize winners (“Prize Winner”).

   NEB will notify each potential Prize Winner by email using the email address the Prize Winner used to enter the Promotion. If a potential Prize Winner does not respond to NEB’s notification within forty-eight (48) hours of contact, the potential Prize Winner’s entry may be disqualified, and NEB may, at its sole discretion, select an alternate potential Prize Winner from all remaining valid entries. Odds of winning a Prize depend on the number of eligible entries received during the Promotion Entry Period.

   PRIZE WINNER’S ELIGIBLITY IS SUBJECT TO VERIFICATION BY NEB, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.

   Promotion entrants may request the Promotion Prize Winner generalized results by sending an email to: info@neb.com and insert the Promotion’s name and “Promotion Results” in the header. Requests for Promotion results must be received within sixty (60) calendar days after the end of the Drawing Date.

9. Promotional Item and Prize Disclaimers.

   EACH PROMOTIONAL ITEM AND PRIZE IS OFFERED AND PROVIDED "AS IS" WITH NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.

   All non-stated features of a Promotional Item and Prize are at NEB’s sole discretion and subject to availability. All expenses, costs, and federal, state, and local taxes are the sole responsibility of a Promotional Item Recipient and Prize Winner. Prize Winner may receive an IRS Form 1099 for the retail value of the Prize and must provide NEB with a valid social security number if requested for tax reporting purposes. Prize Winner will be responsible for all federal, state, and local taxes on the Prize.  Promotional Items and Prizes are nontransferable and may not be substituted or redeemed for cash by a Promotional Item Recipient or Prize Winner. NEB reserves the right to substitute a Promotional Item and Prize, in whole or in part, for one of equal or greater value. NEB will send a Promotional Item to a Promotional Item Recipient and a Prize to a Prize Winner, as applicable, at either the mailing address or email address, as applicable, provided in the entry. If a Promotional Item or Prize is a gift card, the gift card is also subject to its terms and conditions.   

   If the Prize is a trip: Prize Winner must commence and complete the trip by the date provided by NEB. If Prize Winner is unable to travel on the dates booked and/or provided by NEB, the Prize will be forfeited and no additional prize will be awarded. All travel-related and other expenses not set forth herein, including but not limited to meals, ground and other transportation, parking, gratuities, and incidental hotel expenses, are the sole responsibility of Prize Winner. Prize Winner will be required to sign a release before going on the trip. Prize Winner is responsible for obtaining any valid documentation necessary for travel (for example, passport and/or visa), and for travel insurance should Prize Winner desire same. In the event that Prize Winner cannot or does not obtain the necessary documentation necessary for travel, then the Prize will be forfeited, and no additional Prize will be awarded. Use of the Prize is conditioned upon Prize Winner, at all times, acting in a socially responsible, respectful and appropriate manner; should Prize Winner fail to do so, the Prize may be immediately terminated with no further award, and NEB may pursue other legal sanctions against Prize Winner. Further travel and/or accommodations restrictions may apply.

10. Entry Conditions and Release.

    Unless otherwise provided for in these Terms, all entries become the property of NEB and will not be acknowledged or returned. Entries beyond the permitted number are void.

    By entering, you agree to: (a) comply with and be bound by these Terms and the decisions of NEB which are binding and final in all matters relating to the Promotion; (b) release and hold harmless NEB, and its subsidiary and affiliated companies, and its and their officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to your participation in the Promotion and/or your acceptance, use or misuse of any Promotional Item or any NEB product.

    The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by you, or programming associated with or used in the Promotion; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error, which may occur in the administration of the Promotion the processing of entries; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use or misuse of any Promotional Item, Prize or any NEB product; or (f) 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, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or failure to monitor an email account. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to submit another entry in the Promotion.

11. Limitations of Liability.

    BY ENTERING THE PROMOTION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY, OR  UNDER ANY STATUTE OR ON ANY OTHER BASIS FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES SUSTAINED BY YOU OR ANY OTHER PERSON OR ENTITY ARISING OUT OF THE PROMOTION, ANY PROMOTIONAL ITEM OR PRIZE, OR ANY NEB PRODUCT, NEB’S PERFORMANCE OR FAILURE TO PERFORM ITS OBLIGATIONS RELATING TO THE PROMOTION, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT NEB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS.

    BY ENTERING THE PROMOTION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, ANY PROMOTIONAL ITEM OR PRIZE, OR ANY NEB PRODUCT WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWENTY DOLLARS ($20.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

    FOR CALIFORNIA ENTRANTS: YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE US ARE HEREBY EXPRESSLY WAIVED BY YOU AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:

    “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

12. Binding Arbitration Agreement and Class Action Waiver.

    Except where prohibited by law, as a condition of participating in the Promotion, you agree that:

    Binding Arbitration Agreement. Except as otherwise stated below, any and all legal issue, claim or dispute arising out of or connected or related in any way to the Promotion, including without limitation the Promotional Item and any Prize awarded or not, will be resolved through final, binding arbitration. You specifically agree that, except as otherwise provided herein, your entry in the Promotion waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury (“Arbitration Agreement”).

    This Arbitration Agreement will be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards. If JAMS’ criteria are met by the nature of the dispute, you agree that the arbitration will be conducted under JAMS Streamlined Arbitration Rules & Procedures. Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.

    You and NEB will each pay the fees for its own attorneys, subject to any remedies to which that you or NEB may later be entitled under applicable law. However, if you are unable to pay JAMS’ costs, NEB will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of you and NEB.

    Neither you nor NEB will be permitted to obtain awards, and you and NEB hereby waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion). You and NEB further waive all rights to have damages multiplied or increased.

    The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and NEB. Additionally, the arbitrator, and not any federal, state, or local court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence will not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction will have the authority to enter judgment upon the arbitrator's decision/award. This Arbitration Agreement will survive the termination of your relationship with NEB.

    Excluded Disputes.  Notwithstanding the binding arbitration requirement set forth in this section, you may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.

    Class Action Waiver. To the fullest extent permitted by applicable law, you and NEB each agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There will be no right or authority for any claim or dispute to be brought, heard, or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and NEB. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which you or NEB is entitled under applicable law, but remedies will be limited to those that would be available to a party in the party’s individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with NEB.

    One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Promotion, must be filed within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one (1) year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

    Waiver of Jury Trial. BOTH YOU AND NEB HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. You and NEB are instead mutually electing that all disputes, claims, or requests for relief will be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement and these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

    Location of Arbitration. You may choose to have the arbitration conducted by video conference technology such as zoom or based on written submissions. Otherwise, the location of the arbitration proceeding will take place in the city or state where you reside, unless you and NEB agree otherwise, or at another mutually agreed upon location.

    Governing Law. These Terms and any disputes between you and NEB will be governed by the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts. 

13. Use of Your Entry and Promotion Publicity.

    Except where prohibited, you agree that your participation in the Promotion constitutes your consent to NEB’s (including without limitation, NEB’s subsidiaries, affiliates, successors, assignees, and/or licensees): (a) use of your name, likeness, photograph, voice, verbal or written comments, opinions and/or hometown and state (“NIL”) for all purposes in any medium or media (whether now known or invented in the future), worldwide, without further limitation, restriction, notice, review, approval, credit, payment or consideration, including without limitation in a publicly available winner list and a livestreamed winner selection drawing, as determined in NEB’s sole discretion; (b) use and modification of your entry, in whole or in part including the making of derivative works, for all purposes in any medium or media (whether now known or invented in the future), worldwide, without further limitation, restriction, notice, review, approval, credit, payment or consideration; however, NEB is not required to exercise such use rights under (a) or (b). By participating in the Promotion, you waive any expectations of privacy with respect to your entry and your participation. NEB has no obligation to preserve, return, keep confidential or otherwise make available to you or others your entry. You agree to hold NEB and the Released Parties harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with NEB’s use of your entry and NIL. Further, you may be required to execute and return to NEB a supplemental release confirming your consent to NEB’s use rights.

14. General Conditions.

    Your entry must comply with NEB’s Terms of Use and Privacy Policy and/or any third-party platform provider’s terms of service/use and privacy policies NEB reserves the right to: cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond NEB’s reasonable control impairs the integrity or proper functioning of the Promotion; to change or modify these Terms with such change effective immediately upon posting to this webpage; and to terminate, or shorten or extend the duration of the Promotion, as determined by NEB, at its sole discretion. NEB reserves the right, at its sole discretion to disqualify any person it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Terms or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law and, should such an attempt be made, NEB reserves the right to seek damages from any such person to the fullest extent permitted by law. NEB’s failure to enforce any provision of these Terms will not constitute a waiver of that provision.

    For any Promotion related questions please email info@neb.com.

    Products and content are covered by one or more patents, trademarks and/or copyrights owned or controlled by NEB. The use of trademark symbols does not necessarily indicate that the name is trademarked in the country where it is being read; it indicates where the content was originally developed. The use of any product may require you to obtain additional third-party intellectual property rights for certain applications.

     

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