Terms and Conditions

2025 New England Biolabs®, Inc.’s  Calendar Contest (“Calendar Campaign”) TERMS AND CONDITIONS (“TERMS”)

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

THIS CALENDAR CAMPAIGN TAKES PLACE IN THE UNITED STATES OF AMERICA AND IS SUBJECT TO UNITED STATES LAW. BY PARTICIPATING IN THE CALENDAR CAMPAIGN, YOU ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS AND TO BE BOUND BY THE RELEVANT LAWS OF THE UNITED STATES AND SUBMIT TO JURISDICTION IN THE UNITED STATES.

YOUR ENTRY IN THIS PROMOTION MEANS THESE TERMS FORM 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 life science professionals who are at least 21 years old, and who submit Submission Material (defined below) during the Calendar Campaign Entry Period (defined below) in accordance with these Terms. The following categories of individuals may not participate in this Calendar Campaign: (a) Directors, officers, employees, contractors, and agents of NEB, or any of its subsidiaries or affiliated companies and their immediate family and their household members; (b) Healthcare Professionals (means: individuals (clinical or non-clinical physicians, physician assistants, nurses, technicians, research coordinators, administrators and purchasing personnel, etc.) and entities (including hospitals, rehabilitation centers, nursing facilities, home health agencies, clinics and group purchasing organizations, managed care organizations, physician group practices, medical directors for health insurance organizations, etc.) and their employees and representatives who are involved in the actual provision of health care services; (c) Government Officials (means: (i) any officer or employee of a government or any department, agency or instrument of a government; (ii) any person acting in an official capacity for or on behalf of a government or any department, agency, or instrument of a government; (iii) any officer or employee of a company or business owned in whole or part by a government; (iv) any officer or employee of a public international organization such as the World Bank or United Nations, the European Union or the World Health Organization; (v) any officer or employee of a political party or any person acting in an official capacity on behalf of a political party; and/or (vi) any candidate for political office).

The Calendar Campaign is otherwise void wherever prohibited or restricted by applicable law, including any territories that require translation of these Official Rules (for example and without limitation, Balkans, Belarus, Burma, Cote D’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Russia, Sudan, Syria, Zimbabwe, and the Crimea, Luhansk and Donetsk regions of Ukraine).

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 Calendar Campaign. Winning a Prize (defined below) is contingent upon your fulfillment of all requirements set forth herein.

By participating in the Calendar Campaign, you represent that you are not prohibited by law, regulation, contract, policy, or terms of employment from participating in the Calendar Campaign and, as applicable, from winning or receiving a 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 Calendar Campaign and which may prohibit you from receiving a Prize. The Calendar Campaign cannot be combined with any other discounts or promotions. The Calendar Campaign 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 Calendar Campaign, winner selection, and receipt of a Prize is at NEB’s sole discretion.

2. The Calendar Campaign Entry Period.

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

3. How to Enter the Calendar Campaign.

To Enter: During the Calendar Campaign Entry Period, to enter the Calendar Campaign and be considered for a Prize you must complete all of the following tasks: (a) access the online Calendar Campaign site and entry form at www.neb.com/en-us/forms/2025-calendar-photo-contest; (b) enter your first and last name, email address, mailing address, and phone number; (c) check the box to agree the terms and conditions of the Calendar Campaign; (d) upload photo(s) for submission of your entry and consideration; (e) provide photo title(s) and caption(s) and (f) follow the prompts to submit your information, photo(s) and entry. Your information, photo(s) and entry submitted pursuant to this Section 3 are collectively referred to as "Submission Material". Submission Material that contains or communicate obscene, offensive, or other similarly inappropriate language and/or images (as determined by NEB at its sole discretion) will be void and disqualified.

4. Maximum Number of Entries.

There is no limit to the number of entries during the Calendar Campaign Entry Period.

5. Your Entry and Submission Material.

Submission Material 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 Submission Material 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 Submission Material must not attempt to duplicate any other Submission Material or third-party works. If someone other than you have taken, captured or created the content contained within your Submission Material, 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 of Submission Material: 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. Calendar Campaign Winner Selection and Results.

After the end of the Calendar Award Entry Period on or about September 15, 2024, (the “Calendar Campaign  Review Period”) NEB will begin review and evaluation of Submission Material from all valid entries.  NEB will choose 12 winner(s) (“Winners”). NEB reserves the right to modify the number of Winners. 

Winners will be chosen by an impartial committee comprised of NEB employees, providing equal weight of 25% to each of the following criteria:

• Composition – meaningful arrangement of subject matter
• Creativity – originality of subject matter
• Impact –impact of the subject matter on to the viewer
• Exposure/Lighting –consideration of exposure/lighting on the subject matter

NEB reserves the right to modify or cancel the Calendar Campaign and/or the number of Winners in the event that an insufficient number of entries meeting the minimum judging criteria are received.

On or about the week of October 1, 2024, NEB will notify each potential Winner by email using the email address the potential Winner used to enter the Calendar Campaign. If a potential Winner does not respond to NEB’s notification within 48 hours of contact, the potential Winner’s entry may be disqualified, and NEB may, at its sole discretion, select an alternate Winner’s entry from all remaining valid entries. Odds of winning depends on the number of eligible entries received during the Calendar Campaign Entry Period.

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

Calendar Campaign entrants may request the Calendar Campaign results by sending an email to: info@neb.com and insert the Calendar Campaign’s name and “Calendar Campaign Results” in the header. Requests for Calendar Campaign results must be received within 60 calendar days after the end of the Calendar Campaign Entry Period.

There will be 12 total Winners. Each Winner’s selected Submission Material will be included in relevant part in the NEB calendar for the next calendar year (“Photo Prize”). Each Winner will also receive either the equivalent of  $500 USD in product credit to be applied by the Winner toward the purchase of NEB products (“Product Credit Prize”) or a $500 donation made by NEB to a mutually agreed to charity (“Charity Prize”). Each Winner will also receive 10 copies of the 2025 NEB Calendar (“Calendar Prize”). The Photo Prize, Product Credit Prize, Charity Prize and Calendar Prize are referred to in these Terms as a “Prize” and collectively the “Prizes.” 

A Winner is limited to receiving either 1 Product Credit Prize or 1 Charity Prize during the Calendar Campaign.

Associated terms, conditions, releases and affidavits apply to receipt and/or use of the Prizes and will be provided to Winners prior to their receipt and/or use of a Prize. No more than the stated number of Prizes will be distributed with NEB’s discretion to award fewer Prizes.  There is a single collective Prize pool.  There may not be a Winner in your specific jurisdiction.

Total approximate retail value of each Prize is approximately: $510 USD. 

8. Prize Disclaimer.

A PRIZEIS 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 Prize are at NEB’s sole discretion and subject to availability. To the extent applicable, all expenses, costs, and federal, state, and local taxes are the sole responsibility of a Winner. Prizes are nontransferable and may not be substituted or redeemed for cash by a Winner. NEB reserves the right to substitute a Prize, in whole or in part, for one of equal or greater value. NEB will send the Prize to a Winner at either the mailing address or email address, as applicable, provided in a Winner’s entry. If the Prize is a Product Credit Prize, the Product Credit Prize is also subject to its terms and conditions.    

9. Entry Conditions and Release.

Unless otherwise provided for in these Terms, all entries, which include the Submission Material, 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 Calendar Campaign; (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 Calendar Campaign, including your Submission Material, and/or your acceptance, use or misuse of any Prize 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 Calendar Campaign; (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 Calendar Campaign; (d) technical or human error, which may occur in the administration of the Calendar Campaign 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 Calendar Campaign or receipt or use or misuse of any 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 Calendar Campaign or future calendar campaigns.

10. Limitations of Liability.

BY ENTERING THE CALENDAR CAMPAIGN, 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 CALENDAR CAMPAIGN, ANY PRIZE, OR ANY NEB PRODUCT, NEB’S PERFORMANCE OR FAILURE TO PERFORM ITS OBLIGATIONS RELATING TO THE CALENDAR CAMPAIGN, 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 CALENDAR CAMPAIGN, 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 CALENDAR CAMPAIGN, ANY 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.”

11. Disputes, Binding Arbitration Agreement and Class Action Waiver.

Except where prohibited by law, as a condition of participating in the Calendar Campaign, 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 Calendar Campaign, including without limitation 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 Calendar Campaign 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 Calendar Campaign). 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 Calendar Campaign, 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, US without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts, US, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts, US. 

12. Use of Your Entry and Publicity.

Except where prohibited by law, you agree that your participation in the Calendar Campaign, and your submission of an entry, including your Submission Material, constitutes your consent and your grant, in perpetuity, to NEB (including without limitation, NEB’s subsidiaries, affiliates, successors, assignees, and/or licensees) to: (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, as determined in NEB’s sole discretion; (b) publish, use, modify, copy, display, share, broadcast, and prepare derivative works of your Submission Material, in whole or in part and in any way, for all purposes in any medium or media (whether now known or invented in the future), worldwide, without further limitation, restriction, permission, notice, review, approval, credit, payment, compensation or consideration, as determined in NEB’s sole discretion. However, NEB is not required to exercise such use rights under (a) or (b). NEB has no obligation to preserve, return, keep confidential or otherwise make available to you or others your entry. By participating in the Calendar Campaign, and submitting your entry, including the Submission Material, you waive all legal and equitable rights related to any expectations of privacy, infringement of moral rights, defamation, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world with respect to your entry, NIL, and participation. 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, NIL and participation. Further, you may be required to execute and return to NEB a supplemental release confirming your consent to NEB’s use rights.

13. 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 Calendar Campaign, 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 Calendar Campaign; 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 Calendar Campaign, 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 Calendar Campaign 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 Calendar Campaign 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 Calendar Campaign 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.