New Student Starter Pack 2023-24 (“PROMOTION”) TERMS AND CONDITIONS (“TERMS”)
NO PURCHASE NECESSARY TO PARTICIPATE. THE PROMOTION IS VOID WHERE PROHIBITED BY LAW.
BY PARTICIPATING IN THE PROMOTION, YOU AGREE TO THESE TERMS, WHICH ARE A CONTRACT.
New England Biolabs, Inc. (“NEB”), located at 240 County Road, Ipswich, MA 01938, is the sponsor of the Promotion.
- Entrant Eligibility.
The Promotion is open only to legal residents of the 50 United States (“US”), the District of Columbia (“DC”) and Puerto Rico (“PR”) who, at the time of entry, are at least 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. Receiving 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 receiving a Promotional Item 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. 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 and receipt of a Promotional Item is at NEB’s sole discretion.
- The Promotion Entry Period.
The Promotion entry period starts on October 1, 2023 at approximately 12:01 a.m. Eastern Time (“ET”) and ends on December 31, 2023 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.
- How to Enter the Promotion.
There is one one way to enter the Promotion:
- Enter Online: During the Promotion Entry Period, to enter the Promotion: (a) access the online entry form at neb.com/forms/2023-2024-new-student-starter-pack; (b) enter your first and last name, email address, institution name and mailing address, (c) check the box to agree the terms and conditions of the Promotion; and (d) follow the prompts to submit your entry.
- Maximum Number of Entries.
You may submit a maximum of one entry(ies) during the Promotion Entry Period.
- Your Entry.
If applicable to the Promotion: Entries must: (a) be your original work product, including not generated by any artificial intelligence program; (b) be solely owned by you and with no other person or entity having any right or interest in it; and (c) not violate any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity. You will not directly or indirectly include in your entry in any way any trademark, logo, or intellectual property unless owned exclusively by you or any information identifying a natural person other than you unless you obtain prior written permission to include such information in your entry from the other identified person. Your entry must not attempt to duplicate any other entry or third-party works. If someone other than you have taken, captured or created the content contained within your entry, you must have prior written permission from such person to submit such content as part of your entry, and you must be able to obtain a signed release from such person and provide such release to NEB upon NEB’s request, at NEB’s sole discretion. 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. By submitting an entry, you grant NEB and NEB’s subsidiaries, affiliates, successors, assignees, and/or licensees, the non-exclusive, fully paid, worldwide license, in perpetuity to publish, use, modify, copy, display, share, broadcast, and prepare derivative works of your entry and name, as applicable, in any way for any and all purposes and in any medium, without further compensation to or permission from you (unless prohibited by law), and with or without credit to you, at NEB’s sole discretion. By providing an entry, you waive any expectations of privacy with respect to the entry. NEB has no obligation to preserve, return, keep confidential or otherwise make available to you or others your entry. NEB has no obligation to use your entry or to exercise any rights. You agree to hold NEB and the Released Parties (defined herein) 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.
- Promotional Item Recipients.
NEB will provide a Promotional Item to eligible entrants who submit a valid entry 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.
- Promotional Item.
There are 2,000 total [New Student Starter Packs] (each a “Promotional Item”). No more than the stated number of Promotional Items will be distributed.
Total approximate retail value of each Promotional Item: $9 USD.
There is a limit of 1 Promotional Item per person during the Promotion.
THE PROMOTIONAL ITEM 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 the Promotional Item 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. Promotional Items are nontransferable and may not be substituted or redeemed for cash by a Promotional Item Recipient. NEB reserves the right to substitute a Promotional Item, in whole or in part, for one of equal or greater value. NEB will send the Promotional Item to a Promotion Item Recipient at either the mailing address or email address, as applicable, provided in a Promotional Item Recipient’s entry. If the Promotional Item is a gift card, the gift card is also subject to its terms and conditions.
- 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 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.
- 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 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 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.”
Except where prohibited by law, as a condition of participating in the Promotion, you agree that any and all disputes, claims and causes of action arising out of or connected with the Promotion, any Promotional Item, or any NEB product will be resolved individually, without resort to any form of class action. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or your or NEB’s rights and obligations in connection with the Promotion, or any dispute arising out of the Promotion, will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules.
Except where prohibited, you also agree that your participation in the Promotion constitutes your consent to NEB’s: (a) use of your name, likeness, photograph, voice, verbal or written comments, opinions and/or hometown and state for promotional purposes in any media (whether now known or invented in the future), worldwide, without further limitation, restriction, notice, review, approval, payment or consideration; (b) use and modification of your entry, in whole or in part, in any media (whether now known or invented in the future), worldwide, without further limitation, restriction, notice, review, approval, payment or consideration; however, NEB is not required to exercise such use rights under (a) or (b). Further, you may be required to execute and return to NEB a supplemental release confirming your consent to NEB’s use rights.
- General Conditions.
For any Promotion related questions please email email@example.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.