OFFICIAL RULES FOR THERABREATH™ “BREATHAPY” PROMOTION
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
THESE OFFICIAL RULES INCLUDE A CLASS ACTION WAIVER AND RESOLUTION OF DISPUTES BY ARBITRATION. PLEASE READ SECTION 8 CAREFULLY.
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The Promotion Period: The TheraBreath “Breathapy” Promotion (“Promotion”) begins at 9:00 AM Eastern Time (“ET”) on November 13, 2025 and ends at 11:59 PM ET on December 10, 2025 ("Promotion Period"). The Promotion consists of two (2) elements: (i) a sweepstakes (“Sweepstakes”); and (ii) an offer (“Offer”).
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Eligibility: Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and have reached the age of majority in their state of legal residence at the time of entry. Both the individual submitting a nomination (the “Entrant”) and the individual being nominated (the “Nominee”) (as described in Section 3 below) must meet these eligibility requirements. Employees of Church & Dwight Co., Inc. (“Sponsor”), Coyne PR, Trymark Consulting Group, L.L.C., and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors and suppliers, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, are ineligible to participate in the Promotion in any capacity. Void where prohibited by law. Subject to all applicable federal, state and local laws and regulations.
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How it Works: Submit the Instagram username of a Nominee for their chance to receive a Reward or a Grand Prize, as described below. By submitting a nomination for a Nominee, the Entrant represents and warrants that the Nominee has provided express consent to be nominated and to have their Instagram username submitted and used as part of this Promotion in accordance with these Official Rules.
The Sweepstakes: During the Promotion Period, you may nominate a Nominee by using your Instagram account to (i) follow the official @therabreath and @passthatpuss Instagram accounts (optionally, if not already doing so), and (ii) send a direct message ("DM") to @therabreath containing the Nominee’s Instagram username and include the hashtag #Breathapy in your DM (the “Entry”). Each Entry must be submitted in accordance with Instagram’s terms of use and community guidelines. Multiple Entrants are not permitted to share the same Instagram account, and each Entrant may not use multiple Instagram accounts to submit Entries. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. By submitting your information and creating an Instagram account, you will be required to agree to the Instagram terms of service and privacy policy. If you do not agree to Instagram’s terms of service and privacy policy, you cannot create an Instagram account or submit an Entry. Data charges may apply if you are accessing Instagram from your mobile phone to enter this Promotion. Limit five (5) unique Entries per Entrant during the Promotion Period. Each Nominee may only be nominated once during the Promotion Period. Any duplicate Entries received for the same Nominee, whether submitted by the same Entrant or by different Entrants, will be void and only the first valid Entry for such Nominee received will be accepted. All Entries become the property of the Sponsor and will not be acknowledged or returned. Entries received in excess of the stated limitation will be void. If a dispute arises regarding the identity of the Entrant, the authorized account subscriber of the Instagram account used to submit the Entry will be deemed the Entrant and required to comply with these Official Rules and all requirements set forth herein. The “authorized account subscriber” is defined as the natural person assigned to the Instagram account by Instagram.
The Offer: Offer ends 11:59 PM ET on December 10, 2025, or when supplies are exhausted, whichever is sooner. To participate in the Offer, submit an Entry as described above in “The Sweepstakes” section. The Nominees specified on the first two hundred (200) eligible and unique Entries received, as determined by Sponsor, will each receive one (1) digital code redeemable at TheraBreath.com to receive one (1) TheraBreath Toothpaste (certain terms & conditions as specified by issuer apply) (Estimated Retail Value (“ERV”) $13.99 each) (each, a “Reward”) (sales tax and shipping fees may apply). Digital codes are valid through 3/31/2026. Limit one (1) Reward per Nominee for the duration of the Promotion Period. Entrants corresponding to the applicable Nominee Offer recipients will not receive a Reward. Allow approximately two (2) to four (4) weeks from the end of Promotion Period for delivery of Rewards, which will be sent via Instagram DM from @therabreath to the Nominee’s Instagram username used in the Entry. Undelivered Rewards will not be re-sent. Sponsor reserves the right to not award all Rewards if fewer than two hundred (200) eligible Entries are received. -
Sweepstakes Grand Prize Winner Selection: On or about December 11, 2025, five (5) potential Sweepstakes Grand Prize winners will be selected in a random drawing from among all eligible Entries received during the Promotion Period. For sake of clarity, the potential Sweepstakes Grand Prize winners will be the Nominees corresponding to the selected Entries. Drawing will be conducted by Trymark Consulting Group, L.L.C., an independent judging organization whose decisions are final and binding. Odds of winning will depend on the total number of eligible Entries received.
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Grand Prize packages (5): Each winner (Nominee) will receive a personalized video message from Jake Shane (content, duration, and subject matter to be determined by Sponsor) and one (1) Reward (as described above in “The Offer” section) delivered via DM to the winner’s Instagram account (ERV $563.99). Total ERV of all available Sweepstakes prizes combined is $2,819.95. Limit one (1) prize per person and per Instagram account for the duration of the Promotion Period. For sake of clarity, prizes are awarded only to the Nominees subject of the selected Entries; there is no prize to be awarded to the Entrant who submitted the Entry.
Sweepstakes winners and Reward recipients will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prize or Reward not described herein as being awarded. Prizes and Rewards are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute a prize or Reward or portion of a prize or Reward with one of comparable or greater value. All prize and Reward details are at Sponsor’s sole discretion.
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Winner Notification: Potential Sweepstakes winners (Nominees) will, and Entrants may, be notified by DM to their Instagram account provided in the Entry and will be required to respond within three (3) days of date of its issuance. If a potential winner does not actively follow the @therabreath Instagram account at the time of notification, the DM may appear as a message request in Instagram. It is the potential winners’ responsibility to check that folder and accept the message within the stated time period. In the event that a response to any given DM is not received within three (3) days of date of issuance or a potential winner is not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected.
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Release of Liability; General Terms: By participating, participants agree as follows: a) to abide by these Official Rules, and to the decisions of Sponsor and/or the judging organization, which shall be final and binding in all respects; b) to the use of their name and/or likenesses and/or biographical data by Sponsor and its designees if selected as a Sweepstakes prize winner for advertising, promotional and other purposes in any or all media now or hereafter known throughout the world in perpetuity without compensation, permission or notification (except where prohibited by law); and c) THAT SPONSOR, COYNE PR, TRYMARK CONSULTING GROUP, L.L.C., META PLATFORMS, INC., INSTAGRAM, AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY FOR, AND SHALL BE HELD HARMLESS FROM AND AGAINST, ANY DAMAGE, LOSS OR INJURY TO ANY PARTICIPANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS PROMOTION OR THE USE OR MISUSE OF ANY REWARD OR PRIZE. REWARDS AND PRIZES ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES. Released Parties are not responsible for lost, delayed, interrupted or unavailable network, cable, satellite, Internet Service Provider (ISP), server or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors, problems or difficulties of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Promotion, including, without limitation, errors, problems or difficulties which may occur in connection with the administration of the Promotion, the processing of Rewards or Entries, the failure of any prize or Reward notification or delivery due to Nominee’s privacy settings, inactive accounts incorrect information, or failure to monitor direct messages, the announcement of the prizes or in any Promotion-related materials or for any damage to participant’s or other person’s hardware or software as a result of participation. Released Parties are also not responsible for Entries or mail that are illegible, lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or postage due, or garbled or delayed by computer transmissions and all such Entries are void. Persons found tampering with or abusing any aspect of this Promotion as solely deter¬mined by the Sponsor and/or the judging organization will be disqualified, and their Entries will be void. Every submission must be manually keystroked and manually entered by the individual participant and repetitive automated electronic submission of Entries is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such Entries will be void. In the event the Promotion is compromised, as determined by Sponsor in its sole discretion, by virus, bugs, worms, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Promotion, including but not limited to Acts of God, epidemic or pandemic, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Promotion or any portion thereof and/or terminate the participation of any participant (and void all associated Entries) whose conduct potentially compromises the Promotion and, if terminated, at its sole discretion to award the Rewards (as applicable) and award the Sweepstakes prizes in a random drawing from among all eligible non-suspect Entries received prior to the act requiring such termination. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. CAUTION: Any attempt by a participant to damage the website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek any and all remedies available to the fullest extent permitted by law. Promotion is governed by the laws of the State of New Jersey without regard to its conflict of laws principals, with venue in Mercer County, New Jersey.
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DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, YOU AGREE THAT A) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY; B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”, Title 9 of the United States Code) UNDER THE AUSPICES OF THE AMERICAN ARBITRATION ASSOCIATION; C) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND D) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO THIS PROMOTION, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF YOUR ENTRY, YOU MAY OPT-OUT OF THIS, AND ONLY THIS, PART OF THE OFFICIAL RULES BY NOTIFYING THE SPONSOR OF SUCH OPT-OUT REQUEST BY PROVIDING WRITTEN NOTICE AND MAILING SUCH NOTICE TO: THERABREATH ”BREATHAPY” PROMOTION – ARBITRATION REJECTION, P.O. BOX 295, GAINESVILLE, VA 20156. ANY OPT-OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM, IF ANY, VIA ARBITRATION PURSUANT TO THESE OFFICIAL RULES. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
IN THE EVENT THAT YOU OPT-OUT OF THIS MANDATORY ARBITRATION PROVISION, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY A FEDERAL OR STATE COURT LOCATED IN MERCER COUNTY, NEW JERSEY. YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SAID COURTS AND WAIVE ANY CLAIM OF FORUM NON CONVENIENS OR LACK OF PERSONAL JURISDICTION THAT YOU MAY HAVE.
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Use of Personal Information: Information submitted in connection with the Promotion will be treated in accordance with these Official Rules and Sponsor's Privacy Policy (as may be amended from time to time), currently located at https://churchdwight.com/privacy-policy.aspx; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
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Winner List: The names of the Sweepstakes prize winners (available after January 1, 2026) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: TheraBreath “Breathapy” Promotion - Winners/Rules (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than March 31, 2026. VT residents omit return postage on rules requests.
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Sponsor: Church & Dwight Co., Inc., 500 Charles Ewing Blvd., Ewing, NJ 08628.
Promoter: Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA 20156.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.