Probiotic Contest Rules
This contest is in no way sponsored, endorsed, administered by or associated with Facebook.
Promotion Period: The Promotion starts at 12:00 a.m. (all times Central Standard Time) on Dec 20th, 2018 and ends at 11:59 p.m. on December 31st, 2018 (the "Promotion Period").
All entries must be received during the Promotion Period and meet other requirements in these Official Rules to be eligible to win a prize. Drawing will be held December 31st, 2018. Winner will be announced after the potential winner is verified and confirmed.
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR WILL BE RESOLVED. SCROLL DOWN TO SECTION 9 TO SEE THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
THIS CONTEST IS VOID WHERE PROHIBITED OR EXCLUDED.
SPONSOR AND ADMINSTRATOR. The CONTEST is sponsored in the Territory by Clearly Healthy Nutrition, 4343 West Radcliff Ave, Denver, CO 80236
CONTEST DESCRIPTION. Each CONTEST consists of an online CONTEST (the “CONTEST”) in the 50 United States and the District of Columbia (the “Territory”) that begins and ends at the dates and times listed on the CONTEST Page for that specific CONTEST (the “CONTEST Period”). CONTEST is void in Hawaii, Puerto Rico and other U.S. Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited. The CONTEST is governed by these Official Rules along with any other additional rules on the CONTEST Page.
- WHO IS ELIGIBLE TO ENTER/TO WIN.
Eligibility. The CONTEST is open only to natural persons who are legal residents of the Territory, at least twenty-one (18) years of age at the time of entry. Persons in the following categories are NOT eligible to participate: any person who on or after the beginning of this CONTEST was or is (a) a director, officer, employee, agent, or independent contractor of Sponsor; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the CONTEST; or (c) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories.
Agreement To Official Rules. CONTEST will be conducted in the Territory by Clearly Healthy Nutrition (the “Sponsor”), and each person who participates in the CONTEST (each a “Participant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules, any other additional rules on the CONTEST Page, and the decisions of the Sponsor, which shall be final and binding with respect to all aspect of the CONTEST in the Territory.
To Be Eligible To Win. Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules and any other additional rules on the CONTEST Page. Until a potential winner is verified to be eligible and in compliance with these Official Rules and any other additional rules on the CONTEST Page, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the CONTEST. Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.
Winner Selection and Notification.Each CONTEST drawing will be selected in a random drawing from among the eligible entries received during the applicable CONTEST Period for that drawing per the "How to Enter" rule above, and will occur within approximately three (3) days after the end of the applicable CONTEST Period. Each potential winner will be notified via email using the contact information supplied at the time of entry. The notification will include instructions on how to contact Sponsor to provide name, address or other information that may be necessary to complete validation of eligibility, obtain and complete Prize Claim Documents, and delivery of prize. No liability is assumed for any winner notification that is lost, intercepted, or not received by a potential winner for any reason. If a potential winner does not respond within 3 days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules and any other additional rules on the CONTEST Page, or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
- Additional Prize Information. Sponsor may, at its sole and absolute discretion, select an alternative potential winner should any potential winner be disqualified. Sponsor will provide for standard trackable delivery of the prize in the CONTEST. The prizewinner shall be solely responsible for all federal, state, and/or local taxes and other fees associated with prize receipt and/or use. The prize may not be assigned or changed except at the sole and absolute discretion of Sponsor. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules together with the additional rules on the CONTEST Page for the specific prize shall prevail, govern and control.
- General Prize Conditions. Prizes are non-transferable, and no cash alternative or prize substitution will be allowed, except in Sponsor’s sole and absolute discretion. A substitute of comparable or greater value may be awarded if any prize listed becomes unavailable for any reason. Potential winner (a) is responsible for any taxes due as a result of acceptance of the prize, and for any other fees or costs associated with acceptance or use of any prize not expressly included in the prize description. Winners of prizes valued at $600 or more will be issued an IRS Form 1099 for the value of the prize.
- Sponsor reserves the right to cancel, suspend and/or modify any CONTEST, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the CONTEST, as determined by Sponsor in its sole and absolute discretion. In such event, Sponsor, in its sole and absolute discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered in the CONTEST. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the CONTEST or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the CONTEST may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules or any other additional rules on the CONTEST Page shall not constitute a waiver of that provision.
- Each Participant shall only participate in the CONTEST on his or her own behalf and can not participate or enter on behalf of any other person or entity. Any attempt by Participant to obtain more than the allowed number of entries by use of multiple/different/fictitious/false email addresses, or any other methods, shall void Participant’s entry and Participant will be disqualified from Participation in the CONTEST.
- By entering the CONTEST, Participants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the CONTEST. Sponsor reserves the right to block entry to any individual for any or all CONTEST conducted by Sponsor, whether current or in the future, if such individual is determined to be found in violation of these rules.
- Participant agrees that the CONTEST and any prizes awarded are provide “AS IS” and the Sponsor makes no warranty, representation, or guarantee regarding the CONTEST or the prize(s), including, but not limited to, their quality, condition, merchantability, or fitness for a particular purpose. Sponsor makes no warranty that the website interface and any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely, secure, or error-free; or there will be no errors in the website interfaces or any content, feature, or functionality offered thereon. Sponsor shall not be responsible for any damage caused to your computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of any entry or prize draw interfaces or any content obtained from any third-party services.
- Governing Law.Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the CONTEST and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules and any other additional rules on the CONTEST Page, or the rights of Participant(s), shall be governed by and construed in accordance with the laws of the State of Wyoming and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the CONTEST shall be resolved individually, without resort to any form of class action.
- Process.Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the CONTEST shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, together with any other additional rules on the CONTEST Page, and any of the other agreements referenced herein that the Participant may have entered into in connection with the CONTEST. The arbitrator shall apply the laws of the State of Wyoming consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, Participant agrees that under no circumstances will the Participant be permitted to obtain an award for, and Participant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages, and any and all rights to have damages multiplied or otherwise increased.
- No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
- Scope.This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the CONTEST, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, the Sponsor, the Administrator, or any Released Party (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
- No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
- Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
- Change of Laws. If, at any time during the CONTEST Period or during the winner verification and prize delivery, any change, modification, repeal of any existing law, regulation, or legal determination, or any new laws, legislation, or regulations, become effective that will make any prize illegal, alter the winner verification process, or effect the prize delivery, Sponsor may distribute a cash prize for the wholesale or dealer cost of the prize, as determined by Sponsor.
© 2018 Clearly Healthy Nutrition are logos and trademarks of Clearly Healthy Nutrition. All other trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This CONTEST is in no way sponsored, endorsed or administered by Facebook, Inc., Twitter, Inc., Instagram, LLC, Google, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided to Sponsor in accordance to these Official Rules and any other additional rules on the CONTEST Page. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.