NO PURCHASE NECESSARY. The MuscleTech® Upgrade Your Training Sweepstakes (the “Sweepstakes”) is open to legal residents of the United States (excluding residents of Rhode Island) who are eighteen (18) years of age or older at the time of Entry (each, an “Entrant”). The Sweepstakes is void where prohibited and eligible Entrants agree to the official rules of the Sweepstakes (the “Rules”). The Sweepstakes is not open to employees, representatives or agents of the Sweepstakes Sponsor or their respective parent, affiliates, subsidiaries and divisions, shareholders, members, officers, directors, advertising and promotion agencies, or prize suppliers, or members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or persons domiciled with (whether related or not) of any of the above. By entering the Sweepstakes, Entrants acknowledge and agree that the decision of the Sweepstakes Sponsor will be final and binding and that, in order to be eligible for the Sweepstakes, Entrant agrees to be fully and unconditionally bound by the Rules and Entrant represents and warrants that they meet all eligibility requirements thereof.
- SWEEPSTAKES SPONSORSHIP & ADMINISTRATION
The Sweepstakes is sponsored and administered by Iovate Health Sciences International Inc., 381 North Service Road West, Oakville, Ontario Canada L6M 0H4 (the “Sweepstakes Sponsor” or “Sponsor”).
- SWEEPSTAKES PERIOD
The Sweepstakes will begin on February 8th, 2021 at 09:00:01 AM Eastern Time (“ET”) and will end on April 5th, 2021 at 11:59:59 PM ET (the “Sweepstakes Period”). No entries will be accepted outside of the Sweepstakes Period.
The following prizes are available to be won (each a “Prize”):
a. One (1) winner will receive a credit of up to Three Thousand Five Hundred ($3500 USD) US dollars toward a smart fitness device of winner`s choice subject to availability in the USA and Sponsor`s ultimate approval (the “Grand Prize”). The delivery of the prize to the winner`s residential location within the USA is at Sponsor`s cost.
b. One (1) winner will receive One (1) smart watch device of the approximate retail value (“ARV”) of Four Hundred Forty ($440USD) US dollars (the “Second Tier Prize”).
c. One (1) winner each week for the eight (8) weeks of the sweepstakes will receive a pack of MuscleTech® products of the ARV of Eighty ($80 USD) US dollars (“Stack”) (the “Stack Prize”) Each Stack Prize includes One (1) bottle of NitroTechTM 100% Whey Gold 2.2lb, One (1) Bottle of Shatter Elite, and a MuscleTech® Shaker Cup.
Ten (10) Prizes total. Unless specified in these Rules, any and all details of the Prizes, as well as related terms and conditions, will be determined by Sponsor at its sole and absolute discretion. Total ARV of all the Prizes is Four Thousand Five Hundred Eighty ($4580 USD) US dollars. No specific detail, quality or quantity is guaranteed.
The Prize must be accepted as awarded with no substitutions. The Prize is not transferable (except at Sponsor’s sole discretion) or redeemable for cash. The Sponsor reserves the right to substitute a prize or prize component, which is, in its sole opinion, of equal or greater value, in the event that the Prize or prize component becomes unavailable for any reason whatsoever. The Sponsor reserves the right to change, amend or substitute without notice, any or all aspects of the Sweepstakes prizing.
Any and all prize-related risks and expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of a winner.
5. HOW TO ENTER
To enter the Sweepstakes, Entrants must: (i) be 18 years of age or older; (ii) visit muscletech.com/upgrade during the Sweepstakes Period, (iii) enter and submit Entrant`s contact information and make other steps to earn additional entries. NO PURCHASE NECESSARY. Upon completion of the steps above within the Sweepstakes Period, an Entrant will be entered into the Sweepstakes (each an “Entry”).
A maximum of twelve (12) Entries per person is permitted during the Sweepstakes Period: One entry for completing the form found at muscletech.com/upgrade, and up to eleven (11) additional entries for following on Facebook and Instagram and tagging friends on Instagram. If the Sweepstakes Sponsor discovers (using any evidence or other information made available to or otherwise discovered by the Sweepstakes Sponsor) that any person has attempted to: (i) obtain more than the maximum number of entries per PERSON during the Sweepstakes Period; and/or (ii) uses (or attempts to use) multiple names, identities, email accounts and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt the Sweepstakes, then the Sweepstakes Sponsor, in its sole and absolute discretion, may disqualify that individual from the Sweepstakes.
To participate in the Sweepstakes, an email address is required. Entrants may incur standard data charges from their wireless service providers if entering the Sweepstakes 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.
Each Entry must be confirmed by the Sweepstakes Sponsor within the Sweepstakes Period to be valid. The Sweepstakes Sponsor’s computer is the official timekeeping device for the Sweepstakes. The Sweepstakes Sponsor is not responsible for late, lost, damaged, misdirected, mutilated, garbled, illegible or incomplete entries. Proof of transmission (e.g., screenshots) does not constitute proof of Entry.
In the event of a dispute over the identity of an Entrant, the Entry will be considered made by the natural person who is assigned the email address.
NOTE: PURCHASING A MUSCLETECH® PRODUCT OR SHARING INFORMATION ABOUT MUSCLETECH® PRODUCTS OR THIS SWEEPSTAKES ON SOCIAL MEDIA WILL NOT ENHANCE AN ENTRANT’S CHANCE OF WINNING.
6. SELECTION OF WINNERS
The Grand Prize winner and Second Tier Prize winners will be chosen at random and announced by the Sweepstakes Sponsor on or around April 30th, 2021. Weekly Stack Prize winners will be chosen at random on the Monday of each week of the Sweepstakes Period starting on Monday, February 15th, 2021 and ending on Monday, April 15th, 2021. Odds of winning a prize depend on the total number of eligible Entries received during the Sweepstakes Period. All Prizes must be accepted as provided by the Sweepstakes Sponsor and cannot be substituted, transferred, exchanged, surrendered, etc., except at the sole and absolute discretion of the Sweepstakes 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”).
The Sweepstakes Sponsor reserves the right, in its sole and absolute discretion, to reschedule any Sweepstakes Period. No responsibility is assumed by the Sweepstakes Sponsor for any inability of a potential Entrant to successfully enter any Sweepstakes for any reason or for an unclaimed or unawarded Prize.
7. NOTIFICATION & REQUIREMENTS TO CLAIM THE PRIZE
Prize winner(s) will be notified by email using the email address provided with the selected Entry (the “Notification”). The Notification will also include the Release 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 winners may be made on the Sweepstakes Sponsor’s social media account(s) and/or website(s). It is the Entrant’s responsibility to check their email messages to ensure their prompt reply to any Notification. THE POTENTIAL PRIZE WINNER WILL HAVE TWO (2) BUSINESS DAYS FROM THE DATE OF THE NOTIFICATION (i.e., DATE OF EMAIL DELIVERY, REGARDLESS OF WHEN RECEIVED) TO DO THE FOLLOWING:
- Claim the Prize as instructed in the email, which includes accepting and signing the Release, which confirms compliance with these Rules and releases the Sweepstakes Sponsor from any and all liability with respect to the Entrant’s participation in the Sweepstakes and the awarding and use (or misuse) of the Prize; and
- 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 Sweepstakes Sponsor’s sole and absolute discretion according to these Rules, or declines to accept the Prize, the Prize will be forfeited and the Sweepstakes Sponsor may elect to draw 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 Sweepstakes, the Entrants grant the Sweepstakes 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 photograph (e.g., selfies) or video, including corresponding text, generated by the Entrant (or the Sweepstakes Sponsor on behalf of the Entrant) in conjunction with the Sweepstakes (“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. Each 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 Sweepstakes Sponsor any and all rights to said use without further notice or compensation, where permitted. The Sweepstakes Sponsor and its respective affiliates are not responsible for printing, technical errors, distribution, or production errors.
The Sweepstakes 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 Sweepstakes Sponsor. Incomplete, altered, mutilated or garbled entries will be disqualified. The Sweepstakes 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 Sweepstakes Sponsor’s reasonable control. All such Entries will be disqualified.
The Sweepstakes Sponsor does not warrant that access to or use of the Sweepstakes will be uninterrupted or error-free.
Any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Sweepstakes, including but not limited to fraudulent claims or breach of the Sweepstakes Sponsor’s systems, is a violation of criminal and civil laws. Should any such attempt be made, the Sweepstakes 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 Sweepstakes Sponsor has reason to believe that the individual engaging in such activity is an Entrant, the Sweepstakes 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 Sweepstakes is impaired in any way, the Sweepstakes Sponsor may, in its sole and absolute discretion, either: (i) suspend or modify the Sweepstakes to address the impairment and then resume the Sweepstakes, or (ii) award the Prizes 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 SWEEPSTAKES, ENTRANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE, DISCHARGE AND HOLD HARMLESS VITAMIN SHOPPE, THE SWEEPSTAKES SPONSOR, ITS RESPECTIVE PARENT, AFFILIATES, SUBSIDIARIES AND DIVISIONS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, ADVERTISING AND PROMOTION AGENCIES, THE SWEEPSTAKES PARTNERS 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 SWEEPSTAKES, (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 SWEEPSTAKES, 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 SWEEPSTAKES. 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 Sweepstakes, Entrant agrees to indemnify and hold harmless the Sweepstakes Sponsor, its affiliates, and their respective directors, officers, and employees 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 Sweepstakes Rules or the Sweepstakes 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 Sweepstakes Sponsor in connection with the Sweepstakes 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 Sweepstakes is subject to all applicable, federal, state, district, territorial and local laws and regulations. In the event of a conflict between any Sweepstakes details contained in these Rules and any Sweepstakes details contained in Sweepstakes advertising materials (including, but not limited to, online, point of sale, television and print advertising, promotional packaging, and other promotional media and French translated Rules), the details of the Sweepstakes as set forth here in English will prevail.
13. WAIVER & INVALIDITY
A waiver by the Sweepstakes 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 Sweepstakes Period.
ALL TRADEMARKS AND LOGOS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.