Sweepstakes Rules

DYMATIZE “RESOLVE TO INSPIRE” SWEEPSTAKESOFFICIAL RULESNO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES, AND THE DISTRICT OF COLUMBIA, WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AT TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW.

1) PROMOTION PERIOD: The Dymatize “Resolve to Inspire” Sweepstakes (the “Sweepstakes”) starts on January 1, 2020 at 9:00:00 AM Central Standard Time (“CST”) and ends on January 31, 2020 at 5:00:00 PM CST (the “Sweepstakes Period” or “Promotion Period”). Sponsors clock is the governing clock for all times.

2) ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and District of Columbia, who are the age of majority in their state of residence at the time of entry. Void in Puerto Rico, U.S. Territories and where prohibited or restricted by law. Employees of Dymatize (the “Sponsor”), and its parent company, related subsidiaries and affiliated companies, and advertising and promotion agencies including Marden-Kane, Inc. (the “Administrator”) and each of their respective agents, representatives, officers, directors, shareholders, and employees (collectively “Released Entities”), and the immediate families (spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households, whether related or not, of the above, are not eligible to enter or win a prize. Each Entrant by participating in the Sweepstakes agrees to be bound by the Official Rules and that of the Sponsor’s decisions. Void where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.

3) HOW TO ENTER: Sweepstakes entrants must be a registered user of www.Instagram.com (“Instagram”). Your account and entry must be set to “public” and must remain “public” until after the winner(s) are announced. You can return your account to “private” after the winner announcement.  INSTAGRAM IS NOT A PARTICIPANT OR SPONSOR OF THIS SWEEPSTAKES. Instagram policies apply. Entrant is solely responsible for any ramifications for making entrants’ instagram account public. If Entrant has any personal or sensitive information on entrants’ Instagram account, please do not enter the Sweepstakes.

During the Sweepstakes Period, the Entrant will:

  1. Post on Instagram, tag @Dymatize, and caption “what inspired your New Year’s resolution,” tag a person, gym, or fitness method that inspires you, and include #ResolveToInspire and #Sweepstakes.

Entry will not be judged. No limit on number of entries per eligible Entrant, each entry must be unique.

The person submitting the entry must be both the Entrant and the authorized account holder of such Instagram account, otherwise the entry may be deemed void. In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized holder of the Instagram account used for entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such Instagram account. The “authorized account holder” is the natural person assigned to the applicable Instagram account by the applicable service provider. It is the sole responsibility of the Entrant to notify the Sponsor in writing if the Entrant changes his or her Instagram account during the Sweepstakes Period. Proof of submission of an entry does not constitute proof of delivery of entry. Multiple accounts may not be used and anyone found to use multiple accounts to enter will be deemed ineligible.

By submitting your entry, you agree that (1) your entry conforms to any terms of use/platform guidelines, policies and content restrictions of Instagram, as applicable; and (2) Sponsor and/or Administrator, in their sole discretion, and without notice, may disqualify you from the Sweepstakes if they determine that your entry fails to conform to these Official Rules. Decisions of the Sponsor and/or Administrator are final and binding.

BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR INSTAGRAM HANDLE) MAY BE POSTED ON INSTAGRAM AND/OR SPONSOR’S PROPRIETARY WEBSITE, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF INSTAGRAM AND VARIOUS OTHER INTERNET-BASED SITES) AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.

THE USE OR PUBLICATION OF AN ENTRANT’S ENTRY IN CONNECTION WITH THE SWEEPSTAKES, IN ANY MANNER BY THE SPONSOR, DOES NOT SIGNIFY THAT THE ENTRANT IS A PRIZE WINNER.

By entering this Sweepstakes, entrants agree to grant the Sponsor, its parent company, subsidiaries, and affiliates and its agents and designees the non-exclusive, irrevocable right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, and use the content of and elements embodied in the entry, in any media now known or hereafter devised (including without limitation, the Internet), for advertising and promotional purposes without any compensation, except where prohibited by law. Each Entrant hereby represents and warrants that he/she is the original author/creator of his/her entry and the entry will not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Sponsor’s use of information submitted to Sponsor in connection with this Sweepstakes will be subject to the terms and conditions of these Official Rules.

4) DRAWING/ODDS: A random drawing will be conducted on or about February 7, 2020, under the supervision of Marden-Kane, Inc., an independent judging organization, whose decisions are final on all matters relating to this Sweepstakes. Odds of winning a Prize depend on the number of eligible entries received.

Sponsor will contact the potential Winners via Direct Messaging within Instagram. The potential Winner will be required to respond to the direction in the notification within 48 hours. Potential Winners may be required to complete and sign an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release (collectively the “Affidavit”) which must be returned within 24 hours of notification date or the potential Winner may be disqualified. In the event that a potential Winner cannot be contacted, fails to respond to a notification with the requested information within the required time-frame or return of notification as undeliverable, or noncompliance with these Official Rules will result in such potential Winner being disqualified. Sponsor shall have no further obligation to a potential Winner who is disqualified.

5) PRIZES: Ten (10) Winners will each receive one (1) year’s supply of Dymatize ISO100. Supply based on one (1) serving per day for 365 days. Average retail value: $479.84. Total retail value of all prizes: $4,798.40.

No substitutions, or transfer of prizes permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, except as otherwise provided herein. Prize Winner is responsible for the payment of taxes on a prize and for any other costs and expenses associated with the acceptance and use of the prize.

6) GENERAL: This Sweepstakes is subject to the laws of the United States. Except as determined by the Sponsor in its sole discretion, no substitution of the prize shall be offered and no transfer of the prize to a third party is permitted. All federal, state, and other tax liabilities arising from the prize are the sole responsibility of the prize winner. No more than the listed number of prizes will be awarded.

7) CONDUCT: By entering into this Sweepstakes and/or receiving a prize, entrants/winners agree to be bound by these Official Rules and the decisions of the Administrator and the Sponsor, which shall be final and binding in all respects and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. These Official Rules are accessible at www.ResolveToInspire.com and throughout the Sweepstakes Period. Failure to comply with these Official Rules may result in disqualification. The Sponsor reserves the right, at its sole discretion, to disqualify any individual: (a) suspected of tampering with the entry process or the operation of the Sweepstakes; (b) to be acting in any manner deemed by the Sponsor to be in violation of the Official Rules; (c) to be acting in any manner deemed by the Sponsor to constitute unsportsmanlike or disruptive behavior, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8) LIMITATIONS OF LIABILITY: The Released Entities and Instagram assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the participant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Sweepstakes or download any materials from the Sweepstakes. If, for any reason, the Sweepstakes is not able to run through completion for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, without further liability to the Entrants or third parties. In the event the Sweepstakes is cancelled, Sponsor reserves the right to judge all entries received and award the prize from among all eligible non-suspect entries received prior to the time of the action or event warranting such cancellation. With regard to this Sweepstakes, the Sponsor and/or Administrator will only contact the Entrant deemed a potential Finalist for purposes of clearance and awarding of any prize. The Official Rules prevail should there be any conflict or uncertainty relating to the promotion based on information or advice provided by any of the Released Entities.

Entrants agree to be bound by these rules and consent to the use of their names, social media handle, address, voices, photographs, any statements made by Entrants, actual or simulated likenesses, and/or biographical information for public relations, advertising and promotional purposes in perpetuity, throughout the universe, by Sponsor and its designees in any and all media, whether now known or hereafter devised, without notice or further compensation, unless prohibited by law.

IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES ASSOCIATED WITH THE SWEEPSTAKES AND/OR THE SWEEPSTAKES ITSELF AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9) PRIVACY: By entering the Promotion, you grant the Released Entities permission to use your personal information in accordance with Sponsor’s privacy policy, located at https://www.dymatize.com/privacy-policy. By participating in the Sweepstakes, entrants hereby acknowledge that they have read and accepted Sponsor’s privacy policy.

10) JURISDICTION: The Sweepstakes is governed by the laws of the United States. All applicable federal, provincial, state and local laws and regulations apply. The construction, validity and interpretation of the Sweepstakes shall be governed by the laws of Texas, without giving effect to any choice of law or conflict of law rules. All disputes, claims and causes of action arising out of or related to the Sweepstakes shall be resolved by binding arbitration in Dallas, Texas.

11) WINNER LIST: To receive a copy of the Winner List, available after February 28, 2020, send an email with subject line: “Resolve To Inspire Sweepstakes” to winnerslist@mkpromosource.com. All such requests must be received by March 31, 2020.

12) SPONSOR/ADMINISTRATOR:
Sponsor: Dymatize, 111 Leslie Street, Dallas, TX 75207.
Administrator: Marden-Kane, Inc., 575 Underhill Blvd, Suite 222, Syosset, NY 11791.

Instagram is a registered trademark of Instagram, Inc. This promotion is in no way sponsored, endorsed, or administered by, or in association with Instagram. Entrants understand that you are providing your information to Sponsor, and not to Instagram. Any questions, comments or complaints regarding the Sweepstakes are to be directed to Sponsor, at the address noted above, not Instagram.

©Copyright 2020 Marden-Kane Inc. All rights reserved. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the entrant’s personal use only.