No Purchase Is Necessary to Participate in the Contest
2. CONTEST SPONSORSHIP & ADMINISTRATION
The Contest is sponsored and administered by Iovate Health Sciences International Inc., 381 North Service Road West, Oakville, Ontario Canada L6M 0H4 (the “Contest Sponsor”).
3. CONTEST PERIOD
The Contest will be divided into three (3) rounds and will begin on February 14, 2022 at 09:00:01 AM Eastern Time (“ET”) and will end on May 13, 2022 at 11:59:59 PM ET (the “Contest Period”). Round one (1) will begin on February 14, 2022 at 09:00:01 AM Eastern Time (“ET”) and will end on March 13, 2022 at 11:59:59 PM ET. Round two (2) will begin on March 16, 2022 at 09:00:01 AM Eastern Time (“ET”) and will end on May 6, 2022 at 11:59:59 PM ET. Round three (3) will begin on May 9, 2022 at 09:00:01 AM Eastern Time (“ET”) and will end on May 13, 2022 at 11:59:59 PM ET. No entries will be accepted outside of the Contest Period.
One (1) grand prize winner will receive a one (1) year, $10,000 USD MuscleTech Influencer Contract. As part of the contract, the winner will be required to be the face of the MuscleTech brand and represent us on your social media platform(s). Post monthly to your social media platform(s) highlighting our product portfolio and MuscleTech initiatives. Engage with the MuscleTech corporate social media platforms. As part of these requirements, the winner may also have the opportunity to participate in their own MuscleTech photoshoot.
The value of the prize will be treated as income, and the winner will be required to pay taxes on it. Consult your tax advisor to determine how winning this prize may affect your tax obligations. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner.
5. HOW TO ENTER
The Contest is divided into three (3) separate rounds.
Round one (1) entrants must: (i) create a video up to 60 seconds in length and post to Instagram. Instagram entries must be posts or reels, not stories; (ii) state their name and city they live in; (iii) state why they deserve to be the next MuscleTech athlete; (iv) state that their entry is in support of the new MuslceTech pre-workout launch at GNC; (v) use the hashtags #MTShatterYourLimits and #NextMuscleTechAthleteContest; (vi) tag GNCLIVEWELL; and (vii) provide a link to their video and complete and submit the entry form at https://www.muscletech.com/be-our-next-muscletech-athlete. See additional requirements below. Individuals who post their videos to TikTok after posting on Instagram will be given extra consideration during judging. Up to twenty (20) entrants will be picked to compete in round two (2). NO PURCHASE IS NECESSARY. Upon completion of the steps above within round one (1) of the Contest Period, an Entrant will be entered into round one (1) of the Contest (each an “Entry”).
Entrants picked from round one (1) to compete in round two (2) must: (i) create three (3) separate social media posts during the round two (2) entry period on Instagram. Instagram entries must be posts or reels, not stories; (ii) entrants can use their own creativity to create posts that highlight MuscleTech Shatter Ripped; (iii) use the hashtags #MTShatterYourLimits and #NextMuscleTechAthleteContest; (iv) tag GNCLIVEWELL; and (v) provide a link to and complete and submit a separate entry form for each of the three (3) social posts they create at https://www.muscletech.com/be-our-next-muscletech-athlete. See additional requirements below. Individuals who post their videos to TikTok or Instagram stories after posting on Instagram will be given extra consideration during judging. A total of three (3) entrants will be picked to compete in round three (3). NO PURCHASE IS NECESSARY. Upon completion of the steps above within round 2 (two) of the Contest Period, an Entrant will be entered into round two 2) of the Contest.
Requirements for all Entries: Please make sure your Entry does not: (a) include any other people; (b) contain any statements that are not true or do not reflect your honest opinions; (c) prominently feature any third-party trademarks or logos; (d) violate anyone’s rights, including, but not limited to, copyrights or trademark rights; (e) portray Contest Sponsor or its products in a negative light; or (f) contain any content that is inappropriate or indecent. Entries that do not meet the requirements described in these Rules will not be considered.
Entrants picked from round two (2) to compete in round three (3) will have their posts from round one (1) and round two (2) featured at https://www.muscletech.com/be-our-next-muscletech-athlete. The public will be able to vote for their favorite with the Contest Sponsor also having a decision on who the winner is. There is a limit of one (1) vote per person. Entrants may not attempt to obtain votes by any fraudulent or inappropriate means, including, without limitation, by: (a) circumventing (or encouraging others to circumvent) the vote limits; (b) using any automated system to vote; or (c) offering any inducements to others in exchange for votes. Contest Sponsor reserves the right to reject any votes obtained through fraudulent or inappropriate means and to disqualify any Entrant who violates these Rules. The public vote will count for 40% of the final score and the Contest Sponsor judging will count for 60% of the final score.
To participate in the Contest, an Instagram account is required. Entrants may incur standard data charges from their wireless service providers if entering the Contest from mobile devices. Entrants are encouraged to check with their wireless service providers for details on these and other applicable charges. Entrants are solely responsible for any such data charges.
The Contest Sponsor’s computer is the official timekeeping device for the Contest. Proof of transmission (e.g., screenshots) does not constitute proof of Entry.
6. SELECTION OF FINALISTS AND WINNERS
Round one (1) finalist’s will be chosen and announced by the Contest Sponsor on March 15, 2022. Judging criteria will be based on originality, creativity, enthusiasm, consumer engagement and being on brand. Individuals who post their videos to TikTok after posting on Instagram will be given extra consideration during judging. Finalist’s from round one (1) will have the opportunity to compete in round two (2). Up to twenty (20) entrants will be picked to compete in round two (2).
Round two (2) finalist’s will be chosen and announced by the Contest Sponsor on May 8, 2022. Judging criteria will be based on originality, creativity, enthusiasm, consumer engagement and being on brand. Individuals who post their videos to TikTok after posting on Instagram will be given extra consideration during judging. Finalist’s from round two (2) will have the opportunity to compete in the final round. A total of three (3) entrants will be picked to compete in round three (3).
The final round winner will be voted on by the public and by the Contest Sponsor. Judging criteria will be based on originality, creativity, enthusiasm, being on brand and consumer engagement during the first two rounds. The public vote will count for 40% of the final score and the Contest Sponsor judging will count for 60% of the final score. The Contest Sponsor will announce the grand prize winner on or around May 20, 2022.
Odds of winning a prize depend on the total number of eligible Entries received during the Contest Period and the relative performance of each Entrant. All Prizes must be accepted as provided by the Contest Sponsor and cannot be substituted, transferred, exchanged, surrendered, etc., except at the sole and absolute discretion of the Contest Sponsor.
In order to be eligible to receive a Prize, winning Entrants must sign and return the “Affidavit of Eligibility, Publicity Release and Liability Waiver” form (the “Release”) and Influencer Contract (the “Contract”).
The Contest Sponsor reserves the right, in its sole and absolute discretion, to reschedule any Contest Period. No responsibility is assumed by the Contest Sponsor for any inability of a potential Entrant to successfully enter any Contest for any reason or for an unclaimed or un-awarded Prize.
7. NOTIFICATION & REQUIREMENTS TO CLAIM THE PRIZE
The finalists and grand prize winner will be notified using the email address and social media account provided with the selected Entry (the “Notification”). The Notification will also include the Release and Contract that must be completed in order to receive the Prize, subject to any legal restrictions. The Notification will occur approximately two (2) business days following the selection but, in any event, as soon as reasonably possible. A public notification of the Prize winner may be made on the Contest Sponsor’s social media account(s) and/or website(s). It is the Entrant’s responsibility to check their messages to ensure their prompt reply to any Notification. THE POTENTIAL PRIZE WINNER WILL HAVE FIVE (5) BUSINESS DAYS FROM THE DATE OF THE NOTIFICATION (i.e., DATE OF DELIVERY, REGARDLESS OF WHEN RECEIVED) TO DO THE FOLLOWING:
• Claim the Prize as instructed in the message, which includes accepting and signing the Release, which confirms compliance with these Rules and releases the Contest Sponsor from any and all liability with respect to the Entrant’s participation in the Contest and the awarding and use (or misuse) of the Prize and accept and sign the Contract.
• Furnish proof of identification that may include a driver’s license or other form of picture identification in order to verify that the individual claiming the Prize is the Entrant selected.
If the potential Prize winner does not respond to the Notification within the timeframe set out above, is found ineligible for any reason in the Contest Sponsor’s sole and absolute discretion according to these Rules, or declines to accept the Prize, the Prize will be forfeited and the Contest Sponsor may elect to pick one (1) alternate potential Prize winner subject to the same requirements set out above. If a Prize winner cannot be verified, the Prize will not be awarded. Prize winners are responsible for any applicable federal, state or local taxes payable.
8. ADDITIONAL CONDITIONS OF PARTICIPATION
By entering the Contest, the Entrants grant the Contest Sponsor and its affiliates, partners, employees and agents (the “Licensed Parties”), except where prohibited, a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display any Entry, photograph (e.g., selfies) or video, including corresponding text, generated by the Entrant (or the Contest Sponsor on behalf of the Entrant) in conjunction with the Contest (“Post”), in whole or in part, on a worldwide basis in any form, media or technology now known or later developed, including for promotional or marketing purposes. Such Licensed Parties will have the right, but not the obligation, to use any Post in accordance with the Entrant’s Release, these Rules and applicable laws and regulations. The Prize winner must agree to the use of their name, image, likeness, persona, city and state/district/territory of residence for publicity purposes (including product promotion) and grants to the Contest Sponsor any and all rights to said use without further notice or compensation, where permitted. The Contest Sponsor and its respective affiliates are not responsible for printing, technical errors, distribution, or production errors.
The Contest Sponsor reserves the right, at any time, to correct any errors including, without limitation, any typographical, printing, computer programming or operator errors. Proof of Entry is not proof of receipt by the Contest Sponsor. The Contest Sponsor is not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond the Contest Sponsor’s reasonable control. All such Entries will be disqualified.
The Contest Sponsor does not warrant that access to or use of the Contest will be uninterrupted or error-free.
Any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Contest, including but not limited to fraudulent claims or breach of the Contest Sponsor’s systems, may be a violation of criminal and civil laws. Should any such attempt be made, the Contest Sponsor reserves the right to seek remedies and /or damages from such individual to the fullest extent permitted by law, including criminal prosecution. If the Contest Sponsor has reason to believe that the individual engaging in such activity is an Entrant, the Contest Sponsor will disqualify the Entrant from eligibility and, if a Prize has already been awarded, the Entrant will forfeit any right in and to said Prize.
In the event that the operation, security, or administration of the Contest is impaired in any way, the Contest Sponsor may, in its sole and absolute discretion, either: (i) suspend or modify the Contest to address the impairment and then resume the Contest, or (ii) award the Prize according to the Rules from among the eligible Entries received up to the time of impairment.
9. RELEASE & LIMITATION OF LIABILITY
BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE, DISCHARGE AND HOLD HARMLESS THE CONTEST SPONSOR, ITS PARENT, AFFILIATES, SUBSIDIARIES AND DIVISIONS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, ADVERTISING AND PROMOTION AGENCIES OR PRIZE SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, EXISTING NOW OR ARISING IN THE FUTURE, INCLUDING, WITHOUT LIMITATION, (I) INJURY OR DAMAGE TO PERSONS AND / OR PROPERTY, INCLUDING INVASION OF PRIVACY AND PUBLICITY, (II) UNAUTHORIZED HUMAN INTERVENTION IN THE CONTEST, (III) ERRORS RELATED TO FAILURES IN TECHNOLOGIES, (IV) PRINTING ERRORS, (V) LOST, LATE, MISDIRECTED OR UNDELIVERABLE (E)MAIL, AND (VI) ANY OTHER ERRORS OR OMISSIONS IN THE ADMINISTRATION OF THE CONTEST, THE PROCESSING OF ENTRIES, OR ARISING OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN ANY PROMOTIONAL OR PRIZE-RELATED ACTIVITY, AND/OR PARTICIPATION IN THE CONTEST. To the fullest extent permitted by law, Entrants agree not to sue any Released Party or cause them to be sued regarding any matter provided for in these Rules and, further, Entrant will not disaffirm, limit or rescind any valid Release.
By submitting an Entry to the Contest, Entrant agrees to indemnify and hold harmless the Contest Sponsor from and against any and all claims, losses, costs, damages, liabilities and expenses (including reasonable attorneys’ fees, court costs, settlement and disbursements) which may arise out of any breach of the Contest Rules or the Contest Sponsor’s use of the Entry.
11. GOVERNING LAW
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any Entrant and the Contest Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the substantive laws of the State of New York without regard to conflicts of law principles. All Entrants consent to the jurisdiction and venue of the State of New York.
This Contest is subject to all applicable, federal, state, district, territorial and local laws and regulations. Void where prohibited.
13. WAIVER & INVALIDITY
A waiver by the Contest Sponsor of any term in these Rules does not constitute a waiver of any other provision. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, to the extent invalid, unenforceable and/or illegal, such provision(s) shall be deemed omitted and the remaining provisions will continue in full force and effect.
14. PERSONAL INFORMATION
To request a winners list, please contact: Iovate Health Sciences International Inc., 381 North Service Road West, Oakville, Ontario Canada L6M 0H4. All requests must be received within four (4) weeks of the close of the Contest Period.
ALL TRADEMARKS AND LOGOS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
The Contest is in no way sponsored, endorsed, administered by, or associated with GNC, TikTok or Instagram.