VITAMIN SHOPPE & DYMATIZE “RAISE THE BAR 2018” SWEEPSTAKES
1. ELIGIBILITY: Vitamin Shoppe & Dymatize “Raise The Bar 2018” Sweepstakes (referred to as the “Sweepstakes”) is open to all legal residents of the United States and the District of Columbia who are at least 18 years or older as of the date of entry. Employees of Dymatize Enterprise, LLC (“Sponsor”), Vitamin Shoppe Industries Inc. (“Vitamin Shoppe,” and together with the Sponsor, the “Promotion Parties”), their respective parent companies, affiliates, subsidiaries, sales representatives, wholesalers, distributors, printers, and advertising and promotion agencies and their immediate family and household members are not eligible to participate. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES AND A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.
2. HOW TO ENTER: The entry period for the Sweepstakes begins at 12:01 a.m. Eastern Time (ET) on December 26, 2017 and ends at 11:59 p.m. ET on January 5, 2018 (the “Entry Period”). To pre-register for the Sweepstakes during the Entry Period, access the Vitamin Shoppe’s website at www.vitaminshoppe.com (the “Site”), and provide your name and a valid email address under the sweepstakes tab on the Site. Once pre-registered, for the next four (4) weeks, participants will receiveweekly e-mails with nutrition and training tips. At the end of the 4 weeks, participants will receive a final e-mail (the “Program Ending E-Mail”) prompting them to tell us how this training program helped them reach their fitness goals. All pre-registered participants who follow the instructions in the Program Ending E-Mail and respond by 11:59 p.m. ET on February 16, 2018 will be entered into the Sweepstakes for a chance to win the Grand Prize. Limit of one entry per person. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Sweepstakes. Normal time rates, if any, charged by internet service provider will apply. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
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 be appropriate for any of the reasons listed above, or for any other reason.
3. ALTERNATE METHOD OF ENTRY: You may also enter the Sweepstakes by mailing your name and email address on postage prepaid post card addressed to: Dymatize Enterprise, LLC, 111 Leslie Street, Dallas, TX 75207; Attention: Dymatize Marketing – Raise the Bar 2018 Sweepstakes. Each post card received by Sponsor shall be equivalent to one (1) entry into the Sweepstakes, and there is a limit of one entry per person for entries submitted by mail for this Sweepstakes. Sponsor must receive a mail-in entry on or before February 16, 2018. Any mail-in entry received after that date will not be eligible. Any mail entry that does not include both the entrant's name and email address will not be eligible.
4. WINNER SELECTION AND NOTIFICATION: By 11:59 p.m. ET on February 28, 2018, one (1) potential Grand Prize winner will be selected in a random drawing conducted by Sponsor or its agent from among all entries received. The odds of winning will depend on the number of eligible entries received. There will be a total of 1 Grand Prize winner by the conclusion of the Sweepstakes. The Grand Prize winner will be notified by e-mail within twenty-four (24) hours of the selection (the “Notification Email”). In order to claim the Grand Prize, the potential Grand Prize winner must respond to the Notification Email within twenty-four (24) hours of receipt. If the potential Grand Prize winner fails to respond with twenty-four (24) hours, they will be disqualified and another potential Grand Prize winner will be selected from the remaining entrants. The Grand Prize will be mailed directly to the winners at the address provided to the Sponsor in the response to the Notification Email or on the post card submitted by the entrant. If a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner may be disqualified and an alternate winner selected. If a potential winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.
5. GRAND PRIZE: The Grand Prize winner will receive an all-expense paid trip to Dallas, TX to train with Erin Stern for two days, which includes: (i) training fees, (ii) round-trip airfare to Dallas, TX, (iii) up to 3 nights hotel-stay and (iv) a daily stipend of $150 per day for up to 3 days to cover for meals and transportation. In addition, winner will receive an annual supply of their favorite Dymatize product where product quantity will be determined by calculating the number of single daily servings in a year (i.e., Dymatize will provide enough of the selected product to cover 365 servings). The approximate retail value of the Grand Prize is $3,480. All federal, state, local taxes on prize value, if applicable, are the responsibility of the winner. An IRS form 1099 will be issued if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal
or greater value. The Grand Prize consist only of those items expressly specified in these Official
Rules as being part of the prize. All expenses or costs associated with the acceptance or use of the
prize are the responsibility of the winner. Prizes are awarded “as is” and without any warranty, except
as required by law.
6. RELEASE AND LIMITATION OF LIABILITY: By entering, each entrant releases and agrees to hold the Promotion Parties, their respective parent company, affiliates, subsidiaries, distributors, successors and agents, and the directors, officers, employees and assigns of each of the foregoing, harmless from and against any and all claims and liability arising out of the entrant’s participation in the Sweepstakes, the operation of the Sweepstakes, the acceptance or use of a Grand Prize or the use of the entrant’s name, biographical information and/or likeness as permitted hereunder, including without limitation any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, misappropriation or violation of any other personal or proprietary right. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of any prize. The Promotion Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Grand Prize. In no event will more than the stated number of Grand Prizes be awarded.
7. GENERAL RULES: Sponsor reserves the right to modify these Official Rules or to modify, suspend or terminate the Sweepstakes at any time in its discretion. Sponsor is not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Site or the Sweepstakes by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL
LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the operation of the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist
threat or activity, federal, state or local law, order or regulation or court order). In the event of
termination of the Sweepstakes, a notice will be posted and a random drawing to award the prizes will
be conducted from among all eligible entries received prior to the time of termination. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor and the judges, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
8. BINDING ARBITRATION: By entering this Sweepstakes 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 Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator asset forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth 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. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and 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 PLAINTIFF OR 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
9. GOVERNING LAW: By participating in Sponsor’s Sweepstakes, each entrant and prize winner agrees that to the extent permitted by applicable law: (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, 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 greater of (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 PRIZEWINNER 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 Sweepstakes 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 Sweepstakes, 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 with the law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby; and (6) entrants shall be bound by these Official Rules.
10. WINNER’S NAMES AND RULES REQUESTS: For the name of the winner (available after March 1, 2018), mail a self-addressed, stamped envelope to: Vitamin Shoppe & Dymatize “Raise The Bar 2018” Sweepstakes, 4240 Duncan Ave., Suite 240, St. Louis, MO 63110
11. SPONSOR: Dymatize Enterprize, LLC, 111 Leslie Street Dallas Texas 75207 is the sole Sponsor of this Sweepstakes.