ABOUT THE CHALLENGE
Fresh n’ Lean is proud to team up with MotoAmerica Superbike star Josh Herrin to host the 2nd Annual Fresh n’ Lean Challenge!
Ten riders ages 10 – 14 (Intermediate prize winners) will be chosen to compete for a chance to win a Fresh n’ Lean athlete sponsorship which includes a flights, hotel, and entry to three (3) 2020 MotoAmerica Mini Cup races or $5,000 in reimbursement for legitimate racing related expenses during 2020 racing season after the FNL Challenge (Grand Prize). Each rider will be coached by Josh Herrin, interviewed, and given the chance to show off their track riding skills! Contestants will be judged on riding, presentation, and coachability. One rider will be declared the winner by a panel of judges, and given the opportunity to become a Fresh n’ Lean sponsored athlete .
The Challenge will take place April 11th, 2020 at APEX Racing in Perris, CA. Ohvale motorcycles will be provided by event sponsor, however, contestants will be responsible for bringing their own riding gear (leather suit, riding boots, riding gloves, and full-face helmet with eye protection).
The grand prize consists of a Fresh n’ Lean athlete sponsorship which includes 5K towards air travel, hotel stay for the winner and one adult guardian, as well as pre-paid entrance fees to the 2020 MotoAmerica Mini Cup.
HOW TO ENTER
Please read official rules on this page.
- Post a 30-60 second video explaining why we should pick you to compete in this challenge! Be creative!
- Follow @freshnlean
- Tag @freshnlean in your video
- Use #FNLchallenge in your post
- Must be age 10-14 (minimum age of 10 years old at time entry, Maximum age of 14 years old at the time of the event)
- Must be AMA Member
Note: If your social media profile is on private, we may not be able to see your submission.
Time: 8:00am – 4:00pm
Place: APEX RACING
Address: 18700 Lake Perris Dr, Perris, CA 92571
Special rates available at the Ayres Hotel & Spa Moreno Valley
12631 Memorial Way Moreno Valley, Ca. 92553
(Contact us for details)
|8:00am – 8:30am||Check-in and Registration
|8:30am – 9:00am||Safety Presentation|
|9:00am – 11:40am||Track Sessions, Coaching, and Interviews
|Noon – 1:00pm||Lunch|
|1:00pm – 2:40 pm||Track Sessions, Coaching, and Interviews|
|3:00pm – 3:30pm||Photos with Josh Herrin|
Official Contest Rules - Please read carefully
Fresh n’ Lean Challenge
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ONLY LEGAL RESIDENTS OF 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND US TERRITORIES AND POSSESSIONS), ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST. VOID WHERE PROHIBITED BY LAW.
PARTICIPATION IN THIS CONTEST IS SUBJECT TO THE CONTEST DETAILS AND TERMS AND CONDITIONS OF THESE OFFICIAL RULES (THE “OFFICIAL RULES”). PLEASE REVIEW THESE OFFICIAL RULES CAREFULLY. DO NOT ENTER OR PARTICIPATE IN THIS CONTEST IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.
The Fresh n’ Lean Challenge (the “Contest”) is sponsored by Nutrition Corp., Inc. d/b/a Fresh n’ Lean with its principle place of business located at 1712 Pioneer Avenue, Suite 206, Cheyenne, Wyoming 82001 (“Sponsor”).
The Contest is in no way sponsored by, endorsed by, administered by, or associated with any third party social media site. You understand that for this Contest you are providing information to Sponsor only, Instagram, Inc. (“Instagram”); however, Instagram may generally collect information from you based on your use of their social media sites (please see Instagram’s website terms and conditions and privacy policies). Any questions or communications should be directed to Sponsor and not to Instagram.
- Eligibility FOR MINOR CHILDREN AND TEENS:
to enter the Contest, you must have the permission of your parent or legal guardian prior to entering and be: (i) a legal resident of one (1) of the FIFTY (50) United States or the District of Columbia (the “Eligibility Area“), and (ii) be the age of ten (10) at the time of entry (each a “Participant“, collectively the “Participants“). Each Participant Age 10 – 14 at the time of the contest entry must have the permission of his/her PARENT OR LEGAL GUARDIAN prior to entry and such entry shall be deemed submitted by the PARENT OR LEGAL GUARDIAN and shall be treated as if the PARENT OR LEGAL GUARDIAN had made such entry and if chosen as a winner, the INTERMEDIATE OR Grand Prize (hereinafter defined) will be awarded in the name of his/her PARENT OR LEGAL GUARDIAN. Employees of Sponsor, all prize providers associated with the Contest, and all of their respective affiliates, parentS, and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies (collectively, the “Contest Entities“), and each of their respective officers, directors, licensors, employees, representatives and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those winners who have won a prize in any Sponsor-related contest and/or contest in the twelve (12) months prior to the start of the Contest Period are ineligible to participate in this Contest. Eligibility will be determined by Sponsor in its sole discretion. By participating in the Contest, each Participant and his/her PARENT OR LEGAL GUARDIAN agrees to these Official Rules and all the decisions of Sponsor, which are final and binding in all respects. ENTRIES SUBMITTED IN GEOGRAPHIC AREAS OR BY PARTICIPANTS WHO ARE RESIDENTS IN GEOGRAPHIC AREAS IN WHICH THE ENTRY IS NOT PERMISSIBLE WILL BE DISQUALIFIED. IT IS STRICTLY PROHIBITED FOR ANYONE WHO DOES NOT MEET THE AGE REQUIREMENT OR PERMISSION REQUIREMENTS AT THE TIME OF ENTRY TO BE ALLOWED TO PARTICIPATE IN THE CONTEST. ENTRIES ARE LIMITED TO INDIVIDUALS ONLY; COMMERCIAL ENTERPRISES OR BUSINESS ENTITIES ARE NOT ELIGIBLE.
- Agreement to Rules:
By participating, you agree to be fully and unconditionally bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of Sponsor as final and binding as it relates to the content and decisions of this Contest. By participating in the Contest, you also agree to completely and fully release Instagram from any claims arising from your participation in the Contest.
- Contest Period:
The Contest commences at 12:00 AM Mountain Time (“MT”) on March 9, 2020 and ends at 11:59 PM MT March 27, 2020 (“Contest Period”). All entries must be received prior to the close of the Contest Period. Sponsor’s computer is the official time keeping device for this Contest. The Contest consists of one draw date, which will occur at 10:00 AM MT on or about March , 27 2020 (“Draw Date”).
- How to Enter:
No purchase is necessary to enter the Contest or claim a prize, and a purchase will not increase your chances of winning. Within the Contest Period, the Contest must be entered by following and tagging Nutrition Corp. on Instagram @freshnlean and by posting a video on Instagram using the #FNLchallenge hashtag in the caption (the “Entry Form”). The Entry Form must fulfill all Contest requirements, as specified in these Official Rules, to be eligible to win a prize. The video posted must be no shorter than 30 seconds and no longer than 60 seconds, explaining why the entrant should be selected as the winner. Submissions may not be larger than 100MB. The video must be the submitting entrant’s original, previously unpublished work, and must not infringe a third party’s copyright or trademarks, privacy, or other intellectual property or proprietary rights, including rights of privacy and publicity for anyone participating in or appearing in the video submission.
For Grand Prize Participation: All eligible Intermediate Prize winners who participate in the Fresh N’ Lean Challenge at Apex Kart Racing will be automatically entered into the Grand Prize contest and be eligible to win.
- Entry Material Submission Guidelines:
If any Entry Form does not contain all necessary information or meet all of the entry requirements as described in such Entry Form and these Official Rules, entrant will be disqualified. Please be certain to follow all directions.
Contest entry is limited to one Entry Form submission per individual per Contest Period. Multiple entrants are not permitted to share the same Instagram, with anyone except a parent or legal guardian of the entrant (subject to verification). Any attempt by any entrant to enter more than one time per Contest Period by using multiple/different social media accounts, email addresses, mobile phone numbers, accounts, identities, registrations, logins or any other methods, will void that entrant’s entries and that entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.
In the event of a dispute as to any Entry Form, registration, participation, or entry, or other participation requirements, the authorized account holder of the Instagram account provided in connection with the Entry Form, will be deemed to be the entrant. The “authorized account holder” of a social medial account is the natural person in whose name the social media account has been issued. Potential winners may be required to show proof of being an authorized account holder and other contest participation requirements.
All Entry Forms (including information contained with the Entry Form or as part of the Entry) must be in the English language. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all Contest entries made by, or associated with, the applicable entrant. By submitting an Entry Form in connection with the Contest, you hereby agree that Sponsor may contact you regarding your submission.
Use of a profane username or the submission of false or misleading personal information by a Participant will be grounds for disqualification. Determination of information to be profane, false, or misleading is at the sole discretion of the Sponsor. Participants who submit an entry must provide all required information. Incomplete or inaccurate entries are void.
Mail-In Entry: In order to enter the WIN THE FRESH N LEAN CHALLENGE by mail, to win an Intermediate Prize, minor participant’s parent(s) or legal guardian(s) can mail in a note with his/her first and last name, e-mail address, and his/her child’s/ward’s name, and the reasons entrant should win an Intermediate Prize or the Grand Prize. Mail-In Entries should be addressed to: WIN THE FRESH N LEAN CHALLENGE c/o 333 N Euclid Way, Unit K, Anaheim, CA 92801. Mail-In Entry envelopes which fail to include the required information or are not properly postmarked and received on or before July 5, 2019, will be disqualified and ineligible for entry in the Contest. Limit of one (1) Mail-In Entry per participant/e-mail address. Once submitted, all Mail-In Entries become the property of Sponsor and shall not be returned.
The winners of the Contest (collectively, the “Winners”) will be broken into two groups as follows: (5-10) Intermediate Prize Winners and One (1) Grand Prize Winner. Intermediate Prize Winners will receive an entry to the Fresh N’ Lean Challenge at Apex Kart Racing held on April 11, 2020 in Apex Kart Racing, 18700 Lake Perris Drive, Perris, CA 92571 in Perris, California. The Intermediate Prizes and the Grand Prize may be referred to herein as a “Prize”.
INTERMEDIATE PRIZE (5-10). Five to ten (5-10) winners of the Intermediate Prize for the Contest will win an entry to participate in the Fresh N’ Lean Challenge at Apex Kart Racing held on April 11, 2020 at Apex Kart Racing, 18700 Lake Perris Drive, Perris, CA 92571 in Perris, California. Each Intermediate Prize Winner will receive an entry to the Fresh N’ Lean Youth Rider Challenge at Apex Kart Racing which entitles one (1) child between the ages of 10-14 to participate in the Fresh N’ Lean Challenge at Apex Kart Racing and up to two (2) parents or legal guardians to accompany each Intermediate Prize Winner. Each Intermediate Prize winner actually participating shall receive a promotional item package of sponsor-determined gear at the Fresh N’ Lean Challenge at Apex Kart Racing. Sponsor reserves the right to invite intermediate prize winners at its sole discretion. INTERMEDIATE PRIZES DO NOT INCLUDE AIRFARE, LODGING, MEALS, TRANSPORTATION OR ANY OTHER FEES, COSTS, OR EXPENSES ASSOCIATED WITH PARTICIPATION IN THE FRESH N’ LEAN YOUTH RIDER CHALLENGE AT APEX KART RACING.
Total Approximate Retail Value (“ARV”) of the Intermediate Prizes is approximately $300 for the Fresh N’ Lean Challenge at Apex Kart Racing and $250 of sponsor-determined gear. ARV of the value of the Fresh N’ Lean Challenge at Apex Kart Racing may vary depending on the time of purchase. The difference between the ARV and the actual value of the training sessions will not be awarded.
GRAND PRIZE (1). One (1) Grand Prize Package: One (1) winner of the Grand Prize will be selected from all of the Intermediate Prize Winners present at and participating in the Fresh n’ Lean Challenge at Apex Kart Racing, which includes one (1) child between the ages of 10-14 to become a Fresh n’ Lean athlete for one (1) year. This includes flights, hotel, and entry fee expenses towards for the 2020 MotoAmerica Mini Cup races in Elkhart Lake, Wisconsin, Sheldon, Washington, and Wampum, Pennsylvania, and one (1) parent or legal guardian to accompany the Grand Prize Winner or $5,000 in reimbursement for legitimate racing related expenses during 2020 racing season after the FNL Challenge.
Total Approximate Retail Value (“ARV“) of the Grand Prize is approximately $6,150.00, comprised of the following items: $1,950 entry fee to the AMA MotoAmerica Mini Cup, airfare valued at up to $3,000 for two (2) airline tickets to 3 races to be booked by Sponsor, hotel accommodations at Sponsor-selected hotel for 3 nights valued of up to a maximum of $900, and a $300 gift card to Uber or Lyft (at Sponsor’s discretion) for transportation or $5,000 in reimbursement for legitimate racing related expenses during 2020 racing season after the FNL Challenge. ARV of the 2020 MotoAmerica Mini Cup prize package may vary depending on the time of purchase and use of coupon codes. The difference between the ARV and the actual value of participation will not be awarded.
An IRS Form may be issued in the name of Intermediate Winners’ and the Grand Prize Winner’s parent or legal guardian for the actual value of the Intermediate Prize or Grand Prize received.
The specifics of the all prizes shall be solely determined by Sponsor. No cash or other prize substitution shall be permitted except at Sponsor’s sole discretion. The prizes are nontransferable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by each winner is permitted. Acceptance of prize constitutes permission for Sponsor to use each winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- JUDGING CRITERIA:
Initial Entry Forms or Mail-In Entries for Intermediate Prizes:
During the Judging Period, representatives of the Promotion Entities (the “Judges”) will review submissions from all verified Entry Forms and Mail-In Entries, and select <10> of Intermediate Prize winners to attend the Fresh N’ Lean Challenge at Apex Kart Racing held on July 20, 2019 at Apex Kart Racing, 18700 Lake Perris Drive, Perris, CA 92571 in Perris, California. Judges will include Josh Herrin and Sponsor staff. Promotion Entries will be judged on the following criteria: 25% Originality, 50% Creativity, 25% Financial Need/Inability to participate without assistance.
During the Fresh N’ Lean Challenge at Apex Kart Racing held on July 20, 2019 at Apex Kart Racing, 18700 Lake Perris Drive, Perris, CA 92571 in Perris, California, the Judges will review the Fresh N’ Lean Challenge at Apex Kart Racing participants and select one (1) Grand Prize winner from among all eligible Intermediate Prize winners present at and participating in the Fresh N’ Lean Challenge at Apex Kart Racing, using the following judging criteria: 25% Personality/Coachability, 50% Riding Skill (a comparison of riding speed and skill at beginning and end of event day), and 25% Overall Presentation and Participation.
- PRIZE RESTRICTIONS AND REQUIREMENTS
Each winner must be able to attend the aforementioned activities during the dates offered or winner agrees to forfeit the Prize awarded in its entirety and Sponsor may elect to award the Prize to another potential winner, time permitting.
Winners must provide a full leather suit, riding boots, leather gloves and full-face helmet with eye protection, and other reasonable and appropriate safety equipment as determined by Sponsor in its sole discretion. Failure to provide appropriate safety equipment in the sole and absolute discretion of Sponsor will result in disqualification and participants may be barred from further participation and be declared ineligible to participate in any events or win any further prizes prior to and at the time of participation. SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PROVIDE ANY SAFETY EQUIPMENT OR PROTECTION TO ANY PARTICIPANT OR PRIZE WINNER. SPONSOR WILL NOT PROVIDE ANY FOOD OR BEVERAGES TO ANY PARTICIPANT OR PRIZE WINNER AT ANY EVENT OR AT ANY TIME.
Each Intermediate Prize winner and his/her Parent(s) or Legal Guardian(s) must be able to travel to Apex Kart Racing on July 20, 2019 at 18700 Lake Perris Drive, Perris, CA 92571, and the Grand Prize winner and his/her Parent or Legal Guardian must be able to travel to all three (3) 2020 MotoAmerica Mini Cup races on dates to be determined by Sponsor and meet any participation requirements for any event. Each winner and his/her Parent(s) or Legal Guardian(s) must possess United States government-approved identification documents and be willing to sign any other legal documents requested by Sponsor. Each Intermediate or Grand Prize is subject to certain restrictions and exact times and arrangements are subject to availability. The Sponsor and any of its owners, employees, directors, officers, or other Sponsor affiliates are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to any Prize. Any and all applicable federal, state, and local taxes (including but not limited to income taxes) and all fees and expenses related to delivery, acceptance, and use of a Prize not specifically identified in these Official Rules, including, but not limited to, all meals, taxes, gratuities, travel, travel insurance, bag check fees, parking fees, laundry service, food, alcoholic beverages, incidentals (including mini-bar), phone charges, merchandise, souvenirs, travel insurance and other expenses are solely the responsibility of each winner and his/her Parent(s) or Legal Guardian(s). No winner (or his/her Parent(s) or Legal Guardian(s)) may transfer, give, barter, sell, substitute, or exchange the prize for a cash equivalent except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute an Intermediate Prize or Grand Prize (or a prize component) with one of equal or greater value if an Intermediate Prize or Grand Prize (or a prize component) cannot be awarded as described for any reason. Unused components of an Intermediate Prize or Grand Prize (or a prize component) have no redeemable cash value. Sponsor will not replace any lost or stolen prizes or components of an Intermediate Prize or Grand Prize (or a prize component). Actual value of the Prizes may vary. Any difference between the ARV and the actual value, if any, of any component of the Prizes will not be awarded. In the event that a potential winner chooses not to accept his/her prize(s), or is unable to be notified, an alternate potential winner will be randomly selected from all of the remaining eligible entries submitted during the Contest Period, if time permits. In the event any winner engages in behavior that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner or his/her Parent(s) or Legal Guardian(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner or his/her guest(s) as a result of such conduct. Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to any Prize or any other aspect of the winners (or his/her Parent(s) or Legal Guardian(s)) acceptance or use of any Prize.
The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification:
On or near the Draw Date, Intermediate Prize winners will be selected by the Judges under the supervision of Sponsor in accordance with the Judging Criteria. Each Intermediate Prize winner will be notified by Instagram Direct Message within ten (10) days following selection. Sponsor shall have no liability for Intermediate Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Intermediate Winner’s provision of incorrect or otherwise non-functioning contact information. If any Intermediate Winner cannot be contacted, is ineligible to participate in this Contest or claim a prize, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Intermediate Winner will be selected in accordance with this paragraph. The Grand Prize Winner will be selected by the Judges at the completion of the Fresh N’ Lean Challenge at Apex Kart Racing event. Receipt by Intermediate Winner or the Grand Prize Winner of the prize offered in this Contest is conditioned upon compliance with the Official Rules any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST, AND ALL BENEFITS AND PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
Before a potential winner will be deemed an official winner (the ”Official Winner“), he/she and his/her Parent or Legal Guardian will be required to execute and return an Affidavit of Eligibility, a Liability Release/Publicity Release (except where prohibited) (collectively referenced herein as the “Affidavit/Release“) and any other legal documents that Sponsor may require, including, but not limited to, a W-9 tax form, within three (3) days from the date Sponsor sends such documents to the potential winner or be subject to disqualification. The potential winner must be able to provide proof that the potential winner is eligible to be deemed an Official Winner to Sponsor’s satisfaction. If the documents are not returned within that time, or potential winner or Official Winner is found to be ineligible or does not comply with the Official Rules, then he/she will be disqualified and an alternate potential winner may be selected. A prize notification being returned as undeliverable will result in disqualification of such entry.
- Rights AND WARRANTIES Granted by You:
By entering this Contest, and except to the extent prohibited by law, each entrant acknowledges and agrees that he/she grants (and agree to confirm such grant in writing promptly upon request) the Sponsor the right to publicize, broadcast, and otherwise use, in any media whether now known or hereafter discovered, his/her (or his/her child’s or ward’s) name, photograph, likeness, voice, image, statements, home city and state, biographical information, the fact that he/she participated in and, as applicable, won this Contest, and all related information at any time or times for advertising, trade, publicity, and promotional purposes worldwide and on the World Wide Web, without further review, notification, or approval, or additional compensation of any kind. Sponsor is not obligated to attribute submissions to any entrant.
- Terms & Conditions:
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest for any reason, including without limitation in the event a virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Official Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses or accounts; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
- RELEASE, INDEMNIFICATION, AND Limitation of Liability:
BY ENTERING THE CONTEST, YOU AGREE (ON YOUR BEHALF AND THAT OF YOUR MINOR CHILD OR WARD) TO DISCHARGE AND RELEASE SPONSOR, FACEBOOK, INSTAGRAM, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RELATING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION (AND THE PARTICIPATION OF YOUR MINOR CHILD OR WARD) IN THE CONTEST OR RECEIPT OR USE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (B) TECHNICAL OR HUMAN ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES; (C) LATE OR UNDELIVERED MAIL OR EMAIL; (D) TECHNICAL ERRORS OF ANY KIND, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN CELLULAR NETWORKS, PHONE LINES, OR NETWORK HARDWARE OR SOFTWARE; (E) INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANT, PRINTING ERRORS, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST; (F) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY OR INTELLECTUAL PROPRIETARY RIGHTS OF ANY THIRD PARTY; OR (G) INJURY OR DAMAGE TO PERSONS OR PROPERTY RELATED TO PARTICIPATION IN THE CONTEST OR RECEIPT OR MISUSE OF ANY PRIZE.
IF FOR ANY REASON YOUR ENTRY IS CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, YOUR SOLE REMEDY IS ANOTHER ENTRY IN THE CONTEST, IF IT IS POSSIBLE. NO MORE THAN THE STATED NUMBER OF PRIZES WILL BE AWARDED. IN THE EVENT THAT PRODUCTION, TECHNICAL, SEEDING, PROGRAMMING OR ANY OTHER REASONS CAUSE MORE THAN THE STATED NUMBER OF PRIZES AS SET FORTH IN THESE OFFICIAL RULES TO BE AVAILABLE AND/OR CLAIMED, SPONSOR RESERVES THE RIGHT TO AWARD ONLY THE STATED NUMBER OF PRIZES BY A RANDOM DRAWING AMONG ALL LEGITIMATE, UN-AWARDED, ELIGIBLE PRIZE CLAIMS.
IN NO EVENT WILL THE INDEMNIFIED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR (OR YOUR MINOR CHILD OR WARD) PARTICIPATION IN THE CONTEST OR ANY ACCESS TO AND USE OF SPONSOR’S WEBSITE OR ACCESS TO AND INTERACTION WITH SPONSOR’S INSTAGRAM ACCOUNT.
SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- SPONSOR MAKES NO WARRANTIES:
SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS CONTEST, INCLUDING NO WARRANTIES AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZES. ALL MATERIALS AND INFORMATION PROVIDED BY SPONSOR AND EVERYTHING ON SPONSOR’S WEBSITE AND INSTAGRAM ACCOUNT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHER, SPONSOR DOES NOT MAKE ANY REPRESENTATIONS THAT THE MATERIALS RELATING TO THE CONTEST ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL LOCATIONS AT ALL TIMES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ACCESSING THE WEBSITES AND INSTAGRAM ACCOUNTS RELATING TO THIS CONTEST, AND ENTERING THE CONTEST IS LEGAL AND NOT PROHIBITED BY THESE OFFICIAL RULES OR THE LAWS OF THE JURISDICTION IN WHICH YOU ARE A CITIZEN. Sponsor is not liable for any malfunctions or failures of any telephone network or lines, computer internet system, servers or providers, computer equipment, software, failure of any social media site or social media account, technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or uploading any Entry Form or other entry materials relating to this Contest, or other technical difficulties or failures or other errors of any kind.
EXCEPT WHERE PROHIBITED BY LAW, EACH WINNER (OR WINNER’S PARENT OR LEGAL GUARDIAN) GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, CONTEST ENTITIES AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON ANY FORM OF MEDIA) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT SPONSOR SHALL OWN THE CONTEST ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE CONTEST ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS OR ANY THIRD PARTY.
- NO OBLIGATION TO USE:
Sponsor shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
- No Recourse to Judicial or Other Procedures:
TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, TO SEEK INJUNCTIVE RELIEF OR TO MAKE ANY OTHER RECOURSE TO JUDICIAL OR ANY OTHER PROCEDURE IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS CONTEST ARE HEREBY EXCLUDED, AND YOU EXPRESSLY WAIVE (FOR YOURSELF AND FOR YOUR MINOR CHILD OR WARD) ANY AND ALL SUCH RIGHTS. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION FINDS THE FOREGOING WAIVER UNENFORCEABLE, YOU HEREBY AGREE (FOR YOURSELF AND FOR YOUR MINOR CHILD OR WARD) TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH BELOW.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant, and Sponsor in connection with the Contest, or any claim or dispute that has arisen or may arise between or among entrant and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules. The place of any arbitration shall be Orange County, CA.
- Dispute Resolution:
All claims and disputes of any nature, whether at law or equity, in any way related to or arising out of the Contest or these Official Rules will be resolved in accordance with the provisions set forth in this Dispute Resolution section. This Dispute Resolution section applies to all claims and disputes whenever arising, including those arising prior to an entrant’s acceptance of these Official Rules.
Written notices of claims or disputes (“Demand”) shall be sent to the Sponsor at the following address (the “Notice Address”): 333 N Euclid Way, Unit K, Anaheim, CA 92801. If the claim or dispute contained in the Demand is not resolved to your satisfaction within 10 business days after Sponsor’s receipt, you agree that, to the extent allowed by law, such Demand will be settled by arbitration, and you shall file a Demand for Arbitration with the American Arbitration Association (“AAA”) (the “Arbitrator”). For any such filing of a demand for arbitration, you must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any Demand with Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
To the extent allowed by law, you and all other entrants agree not to file a class action or collective action against Sponsor, and will not participate in a class action or collective action against either or both of them. You agree that you will not join your claims to those of any other person. Under no circumstances does Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Our waiver of any provision(s) of these Official Rules must be in writing, and a waiver in one instance or provision shall not be considered a waiver of any other instance or provision.
- Request for Name of Winner(s) and Official Rules:
For the name of the Winner and/or a copy of these Official Rules, send a self-addressed stamped envelope to: Nutrition Corp., Inc., 333 N Euclid Way, Unit K, Anaheim, CA 92801. All requests for a copy of the Official Rules and the name of the Winner must be made by 4:00 PM PT on April 11, 2020. If sending a request by mail, please note on the front left- hand corner of your outer envelope whether you are requesting “Official Rules” or the name of the “Winner.”
By participating in the Contest, you, the entrant, have affirmatively reviewed, accepted, and agreed to all of these Official Rules.
© Nutrition Corp., Inc. and its Affiliates 2020. All Rights Reserved.