Official Rules - $100 Gift Card Giveaway
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- Eligibility: The $100.00 310 Nutrition Gift Card Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry (“Entrant(s)”). Employees of 310 Nutrition and any of their direct or indirect parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Entering the Sweepstakes and eligibility to win a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes offers a weekly random drawing for a prize of a $100.00 Gift Card for 310 Nutrition products.
- Sponsor & Administrator: 310 Nutrition LLC 1222 E. Grand Ave. El Segundo CA 90245, and email@example.com.
- Timing: The Sweepstakes begins on March 19, 2019 at 12:01 a.m. PST and ends on - June 4, 2019 at 11:59 p.m PDT (the "Promotion Period").
How to Enter: During the Promotion Period, visit https://www.instagram.com/ ("Promotion Site") and sign into your Instagram account ("Account"). There is one (1) way to enter the sweepstakes: Entrant must follow these steps: (i) follow @310nutrition on Instagram; (ii) Post a picture on your own Instagram account showcasing your 310 Nutrition products or picture of yourself; and (iii), tag @310nutrition and include hashtags #310STRONG #Sweepstakes before the “more button and let us know how 310 helps improve your life! You may enter the Sweepstakes as many times as you like during the Promotion Period. If you are a potential winner of a prize, you will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the sweepstakes.
Each entrant represents and warrants that it owns all rights in each picture posted on their Instagram account in connection with their entries into the Sweepstakes, or that it otherwise has the right to use such picture for this purpose, and that the posting of the photographs and as well as the written content submitted therewith (collectively the “Submission”) do not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights or any other rights of any person or entity. Entrants will retain sole ownership of their submissions. Each entrant hereby indemnifies, discharges, releases, and holds Sponsor and its affiliated entities harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs, in connection with the foregoing.
Entrant hereby grants Sponsor, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use and distribute all Submissions in any manner and for any purposes in connection with the Sweepstakes and in the Sponsor’s advertising and marketing endeavors as further explained below. Each Submission is, and will be treated as, non-confidential and non-proprietary. Sponsor retains the right to edit all Submissions in any manner and for any purpose, but is under no obligation to do so. Sponsor reserves the right to use the Submissions for any purpose, including, but not limited to, posting, direct messaging via social media or other platforms, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submissions for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each Entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submissions or the content thereof.
RANDOM DRAWINGS: One (1) potential winner will be selected in each of a series of twelve (12) random drawings (each a “round”) to be conducted on a weekly basis during the promotion Period from among all eligible entries received during the corresponding week. The random drawing will occur approximately on the following Monday after the start of the round and the winner will be posted on the 310 Nutrition Instagram Story. The round will occur on or about 5:00 p.m. PDT on the following dates in 2019: Round 1: March 19; Round 2: March 26; Round 3: April, 2; Round 4: April 9; Round 5: April 16; Round 6: April 23; Round 7: April 30; Round 8: May 7; Round 9: May 14; Round 10: May 21; Round 11: May 28; Round 12: June 4; Losing entries will not roll-over to the following weeks’ drawings, but entrants may enter again as often as they like. Entrants can only win once and are ineligible to enter or win in any subsequent Round, and any such additional entries will be null and void. The drawings will be conducted by Sponsor or its designated representatives, whose decision are final.
Each potential winner will be notified by an announcement on the 310 Nutrition Instagram account and by Instagram Direct message service. The potential Winner must respond to 310 Nutrition’s Instagram Direct message with their First/Last Name, Email Address & Phone Number as directed by Sponsor within 72 Hours of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith or with any device used by Winner, or Winner’s failure to adequately monitor for Instagram Direct messages. Any winner notification not responded to may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively "the Prize Claim Documents"). No substitution or transfer of a prize is permitted except by Sponsor.
Odds of winning depend on the number of eligible Entries received during the Promotion Period.
PRIZES: Grand Prize: Twelve (12) winners (one from each Round) will each receive [one (1) Gift Card redeemable at 310nutrition.com for 310 Nutrition products] (approximate retail value or "ARV": $100).
Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
This Sweepstakes is open to legal residents of the United States and Prize will only be awarded and/or delivered to addresses within said locations. ALL FEDERAL, STATE AND/OR LOCAL TAXES, FEES, AND SURCHARGES ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. Failure to comply with the Official Rules will result in forfeiture of the prize.
LIMITATION OF LIABILITY:
LIMITATION OF LIABILITY: Sponsor and its parent, subsidiaries and affiliates, advertising and promotion agencies, suppliers, printers, and distributors, and their respective officers, directors, employees, representatives and agents and any other person or entity related in any way to this Sweepstakes (collectively, the “Sweepstakes Entities”) are not responsible or liable for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Sweepstakes or download of any materials in the Sweepstakes.
If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Sweepstakes.
- WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to 310 Nutrition cc: $100 Gift Card Giveaway at 1222 E Grand Ave. El Segundo CA 90245. WA and VT residents may omit return postage. Requests for the names of the winners must be received no later than June 30, 2019.
RELEASE AND INDEMNIFICATION:
By entering, entrants agree to be bound by these Official Rules and the decisions of Sponsor which shall be final for all purposes hereunder, and agree: (i) Sweepstakes Entities may use entrants’ names, likenesses, images, photographs, and cities/states of residence for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet, including, but not limited to, social media applications, or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law[MAML1] ; (ii) entrants acknowledge, understand, and agree that each of them assumes liability for, and all risks of, any and all injuries (including without limitation, personal injury, illness, adverse reaction, or death) or damages caused, or claimed to be caused, by participating in the Sweepstakes or the prize, and that entrants, their heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold the Sweepstakes Entities, together with Instagram, harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys’ fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, intellectual property rights, and rights of publicity in any way arising directly or indirectly out of the entrants’ participation in the Sweepstakes and/or prizes.
Each entrant hereby waives application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Each entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waive any right to invoke said provisions now or in the future with regard to the Sweepstakes. Entrants and Winners further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Sweepstakes.
Each Winner may be required to complete and sign an Affidavit of Eligibility and Publicity/Liability Release (unless prohibited by law) and other documents as determined by Sponsor in its sole discretion. As applicable, Entrant must return the aforementioned materials to Sponsor or Sponsor’s representatives or prize may be forfeited and awarded to the next eligible Entrant.
EXCEPT TO THE EXTENT PRE-EMPTED BY FEDERAL OR OTHER APPLICABLE STATE LAW, THE SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PROVISIONS THEREOF. ENTRANTS UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN ENTRANT AND THE SWEEPSTAKES ENTITIES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BY ENTERING, ENTRANTS VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), AND CONDUCTED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES. THE TRIBUNAL WILL CONSIST OF ONE ARBITRATOR. THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF ITS REASONABLE ATTORNEYS’ FEES AND ACTUAL COSTS INCURRED IN SUCH ACTION. THE ARBITRATOR SHALL BE BOUND TO APPLY AND ENFORCE THE TERMS OF THE OFFICIAL RULES AND THE ARBITRATOR’S DECISION WILL BE FINAL, BINDING, AND ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION. NEITHER ENTRANT NOR SPONSOR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS.
Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes) and further waive all rights to have damages multiplied or increased.
Digital Millennium Copyright Act: In the event a Submission is posted on the Internet or distributed via social media, pursuant to the Digital Millennium Copyright Act (“DMCA”), if an individual or an entity has a good faith belief that a Submission provided by an entrant infringes upon any third party copyright, please notify Sponsor by email at firstname.lastname@example.org with the subject line stating “Copyright.” The DMCA notice MUST include the following elements: (i) a description of the alleged infringement in detail; (ii) the name of the copyright owner who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
It is understood that Instagram may utilize a separate DMCA notification process for which Sponsor is in no way responsible.