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OFFICIAL RULES FOR THE MuscleTech® “What Flavor Are You?” CONTEST (the “Contest”)

1. ELIGIBILITY
The MuscleTech “What Flavor Are You?” Contest 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 Contest is void where prohibited and eligible Entrants agree to the official rules of the Contest (the “Rules”). The Contest is not open to employees, representatives or agents of the Contest sponsors (see Section 2) 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 Contest, Entrants acknowledge and agree that the decision of the Contest Sponsor will be final and binding and that, in order to be eligible for the Contest, Entrant agrees to be fully and unconditionally bound by the Rules and Entrant represents and warrants that they meet all eligibility requirements thereof.

2. DONTEST 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”) and co-sponsored by GNC Corporation, d/b/a GNC, 300 Sixth Ave. Pittsburgh, PA 15222.

3. CONTEST PERIOD
The Contest will begin on February 1, 2020 at 09:00:01 AM Eastern Time (“ET”) and will end on February 28, 2020 at 11:59:59 PM ET (the “Contest Period”). No entries will be accepted outside of the Contest Period. The Contest Period is divided into four (4) weekly entry periods with one draw per week, as set forth below:

Weekly Entry Period Start Date and Time End Date and Time Draw Date (Weekly Draw Date)
1 February 1, 2020 at 09:00:01 am EST February 6, 2020 at 11:59:59 pm EST on or about February 7, 2020
2 February 7, 2020 at 12:00:00 am EST February 13, 2020 at 11:59:59 pm EST on or about February 14, 2020
3 February 14, 2020 at 12:00:00 am EST February 20, 2020 at 11:59:59 pm EST on or about February 21, 2020
4 February 21, 2020 at 12:00:00 am EST February 28, 2019 at 11:59:59 pm EST on or about February 28, 2020

ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO.

Prizes Value per Item* Weekly Prize Allocation Total Prize Value
1 Shatter SX-7 Revolution (8) $44.88 2 $359
2 GNC Gift Cards (4) $150 1 $600
3 NikeID Training Shoes – Metcon 5s (4) $150 1 $600
4 Yeti Rambler Jug (4) $169 1 $676
5 ASRV Sportswear Gift Cards (4) $200 1 $800
6 Apple Watch (4) $429 1 $1716
TOTAL COMBINED VALUE OF PRIZES $4391

*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.

4. HOW TO ENTER
To enter the Contest, Entrants must: (i) be 18 years of age or older; (ii) visit www.whatflavorareyou.com; (iii) enter contact information; and (iv) vote on their favorite flavor. NO PURCHASE IS NECESSARY. Upon completion of the steps above within the Contest Period, an Entrant will be entered into the Contest (each an “Entry” and “Entries” if more than one).

LIMIT: ONE (1) WINNING ENTRY PER ENTRANT. One (1) Entry per person, per day is permitted during the Contest Period. If the Contest Sponsor discovers (using any evidence or other information made available to or otherwise discovered by the Contest Sponsor) that any person has attempted to: (i) obtain more than one (1) Entry per person/per day during the Contest 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 Contest, then the Contest Sponsor, in its sole and absolute discretion, may disqualify that individual from the Contest.

To participate in the Contest, an email address 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.

Each Entry must be confirmed by the Contest Sponsor within the Contest Period to be valid. The Contest Sponsor’s computer is the official timekeeping device for the Contest. The Contest 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 CONTEST ON SOCIAL MEDIA WILL NOT ENHANCE AN ENTRANT’S CHANCE OF WINNING.

5. SELECTION OF WINNERS
Weekly Prize winners will be chosen and announced by the Contest Sponsor on or around the Weekly Draw Dates, in Oakville, Ontario at approximately 02:00:00 PM EST. Each week, five (5) Weekly Prize winners will be chosen by random draw from all eligible Entries received prior to the respective Weekly Draw Date. Unselected entries will be eligible for remaining draws. Odds of winning a Weekly Prize depend on the total number of eligible Entries received during the Contest Period preceding the Weekly Draw Date. The Weekly Prize 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. The Contest Sponsor reserves the right for any reason to award or substitute the Weekly Prize, or part thereof, for a Prize of equal or greater value. Entrants are only eligible to win a Prize one (1) time during the Contest Period, and any other entries of a wining Entrant will be void following the award of a Prize.
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 Contest Sponsor reserves the right, in its sole and absolute discretion, to reschedule any Weekly Draw. No responsibility is assumed by the Contest Sponsor for any inability of a potential Entrant to successfully enter any Weekly Draw for any reason or for an unclaimed or unawarded Prize.

6. 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 Weekly Draw but, in any event, as soon as reasonably possible. A public notification of the Prize winners 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 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 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.

• 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 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.

7. 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 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. 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 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. Incomplete, altered, mutilated or garbled entries will be disqualified. 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, is 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 Prizes according to the Rules from among the eligible Entries received up to the time of impairment.

8. 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 RESPECTIVE 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.

9. INDEMNIFICATION
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.

10. 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.

11. CONFLICTS/DISCREPANCIES
This Contest is subject to all applicable, federal, state, district, territorial and local laws and regulations. Void where prohibited. In the event of a conflict between any Contest details contained in these Rules and any Contest details contained in Contest 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 Contest as set forth here in English will prevail.

12. WAIVER & INVAILIDITY
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.

13.PERSONAL INFORMATION
Unless you specifically select otherwise, the personal information gathered about Entrants in the course of this Contest will be used solely by the Contest Sponsor or its designated agent, only for the purpose of administrating, fulfilling, publicizing and promoting the Contest and, if you so elect, to provide you with additional information from and about MuscleTech. Information related to your Contest Entry will be retained for two (2) years following the close of the Contest. For more information about how the Contest Sponsor manages your personal information, see the Contest Sponsor’s Privacy Policy available here.

14. RESULTS
To request a winners list, pease 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 Facebook or Instagram.