NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.
1. ELIGIBILITY: (referred to as the “Promotion”) is open to all legal residents of the fifty (50) United States and the District of Columbia who are at least 18 years of age or the age of majority in their homestate as of the date of entry. Employees, officers, directors and agents of Dymatize Enterprise, LLC (“Sponsor”), and their respective parent companies, affiliates, subsidiaries, sales representatives, wholesalers, distributors, printers, and advertising and promotion agencies and members of the immediate families (parent, child, sibling and their respective spouses, regardless of where they reside) and households of each, whether related or not related, are not eligible to participate.
2. HOW TO ENTER: Promotion starts on date listed on giveaway post and ends on date listen on giveaway post (“PromotionPeriod”). During the Promotion Period, you may enter by logging onto www.facebook.com/dymatize / www.instagram.com/dymatize. Once you have logged onto the Dymatize Facebook/Instagram page, you must follow the steps listed in the post to be entered. Limit of one entry per email address/Facebook user ID/person per Promotion Period. Any other methods of entry will be voided. Entries that are mechanically reproduced, generated by a script, macro, or create various account to circumvent entry restrictions by automated means and/or otherwise not in compliance with these rules will be disqualified. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Promotion Parties’ decisions, which are final.
Entries must be dignified, modest and in good taste, must not be obscene or indecent, including but not limited to containing pornography or profanity, nor contain any offensive or defamatory statements including but not limited to words or symbols that might be considered offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, nor include threats to any person, place, business, or group, nor invade privacy or other rights of any person, firm or entity, including, without limitation, any third party trademarks or copyrights, nor portray Sponsor or Sponsor’s brands or products in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule. Sponsor reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entries it determines to being appropriate for any of the reasons listed above, or for any other reason.
3. PRIZE: Entrant will be randomly selected on end date of promotion. Winners will receive prize indicated on sweepstakes/giveaway post. Sponsor will not be liable for more than the stated number of prizes. Prize is As Is. No substitutions, cash redemption, or transfers of prizes permitted by winners. Sponsor reserves the right to substitute a prize. Taxes are solely winner’s responsibility. Odds of winning depend on the number of entrants received. The prize will be distributed through the United States Postal Service.
4. Winner Notification: Winner will be responsible for fulfilling all requirements imposed on winner set forth herein. Prize winner will be notified by commenting on the post and asking the winner to please respond back with their mailing address via Private Message. Sponsor will makeup to one (1) attempt over the twenty-four (24) hour period following the Sponsor’s selection to contact the potential Prize Winner. In the event that a potential Prize Winner does not respond within twenty-four (24) hours of being contacted the potential Prize Winner will be disqualified and an alternate Prize Winner will be selected from among the remaining applicable Eligible Entries received. Potential winner may be required to complete and where lawful, a Publicity/Liability Release within forty-eight (48) hours of being contacted. Please allow 12-16 weeks from time of winnings to receive giveaway products.
5. LIMITATIONS OF LIABILITY: Promotion Parties are not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction orunauthorized access to or alterations of entry materials, or technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry, winner(s) or other promotion information by Sponsor or entrants for any reason whatsoever. Promotion Parties are also not responsible for any injury or damage to any entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the promotion or for entries that are late, misdirected or incomplete. All entry materials received will become property of Sponsor and may be maintained as part of Sponsor’s promotion records. Sponsor reserves the right to cancel or modify the promotion if it becomes technically or otherwise corrupted. Additionally, Promotion Parties bear no liability for acts of force majeure or other acts which interfere in the intended proper administration, operation and fulfillment of this Promotion. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering or attempting to tamper with the operation of the Promotion; to be acting in violation of these Official Rules; to be acting with the intent to disrupt the normal operation of this Promotion; or to be otherwise acting in an unsportsmanlike manner.
6. BINDING ARBITRATION: By entering this contest participants agree that they may not sue the Promotion Parties in court and that they waive any right to a jury trial. Any controversy or claim arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator asset forth herein (provided that such location is reasonably convenient forclaimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes setforth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Thearbitrator shall apply Texas law consistent with the Federal Arbitration Actand applicable statutes of limitations, and shall honor claims of privilege recognized at law. Sponsor shall pay all filing costs and arbitrators fees. Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, up to 100% of suit fees. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, 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, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIF FOR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
7. GOVERNING LAW: By participating in Sponsor’s Promotion, each entrant and prize winner agrees that to the extent permitted byapplicable law: (1) any and all disputes, claims and causes of action arisingout of or connected with the promotion, or any prize awarded, will be resolved individually without resort to any form of class action; (2) any and all claims, judgments and awards will be limited to the greaterof (i) actual third-party, out-of-pocket costs incurred (if any) or (ii) the value of the Prize, but in no event will attorneys’ fees be awarded or recoverable; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF; and (5) this Promotion is governed by the laws of the state of Texas without regard to its conflicts of law principles and any and all disputes, claims and causes of action arising out of or connected with this Promotion, and except for the arbitration noted above all disputes shall be litigated exclusively before a court of competent jurisdiction located within the state of Texas; if any provision or provisions of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict withthe law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby; and (6) entrants shall bebound by these Official Rules.
8. RELEASE: By participating, entrants agree (a) that Sponsor and Promotion Parties are released, will have no liability whatsoever for, and shall be held harmless by entrants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion or any Promotion-related activities, including any travel related thereto and (b) except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under their respective authority the right to the use of his/her name, picture, likeness, persona, voice, image, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law.
9. GENERAL: The Promotion is subject to all applicable federal, state and local laws. Void where prohibitedor restricted by law.
10. FACEBOOK/INSTAGRAM: This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. By entering this Promotion, entrants fully release Facebook/Instagram from any liability. You understand that you are providing yourinformation to Sponsor and not to Facebook. The information you provide will only be used in connection with this Promotion and by Sponsor for contact purposes generally. As such, please direct any questions, comments or complaints regarding the promotion to the Promotion Administrator.
11. WINNER’S LIST: For the names of the winners, mail a self-addressed, stamped envelope to: “Dymatize Instagram/Facebook Giveaway Sweepstakes” and the date of promotion. Promotion Winner’s List Request, 111 Leslie Street Dallas Texas 75207 within 7 day of the giveeaway/sweepstakes
12. SPONSOR: Dymatize 111 Leslie Street Dallas Texas 75207 is the sole Sponsor of this Promotion.