2. HOW TO ENTER; ENTRY PERIOD; GENERAL REQUIREMENTS:
2.1 How to Enter: During the Promotion Period you may enter the Sweepstakes through either Instagram or Twitter and by posting the Photo during the Promotion Period or without posting any photo by entering through email, as explained below. To enter the Sweepstakes during the Promotion Period using Instagram and the Photo: Eligible Participants must: (a) take a digital photograph of images that depict or capture Eligible Participant training for a RUN 10 FEED 10 event or similar fitness-related (“Photo”); Eligible Participants do not need to register for a Run 10 Feed 10 Event to enter; (b) follow the instructions on Instagram to upload the Photo to Instagram; (c) caption the Photo with the following hashtags #RUN10FEED10, #WHSweepstakes and @Vitafusion (“Sweepstakes Hashtags”); and (d) share the Photo on Instagram by following the instructions on Instagram for sharing the Photo (“Instagram Entry”). To enter the Sweepstakes during the Promotion Period using Twitter and posting the Photo: Eligible Participants must: (a) take the Photo, as explained above; (b) follow the instructions on Twitter to upload the Photo to Twitter; (c) caption the Photo with the Sweepstakes Hashtags; and (d) share/Tweet the Photo on Twitter by following the Twitter instructions for sharing/Tweeting the Photo (“Twitter Entry”). Until conclusion of the Random Drawing in Section 3, your Instagram account and Twitter account must be set to “public” so that the Photo can be viewed by the public and the Instagram Entry and/or Twitter Entry can be received as an entry into the Sweepstakes. To enter the Sweepstakes during the Promotion Period without taking a Photo and/or entering with an Instagram Entry or Twitter Entry, send an email to [email protected], and state, within the body of the email, your first and last name, complete home mailing address (no P.O. Boxes), daytime telephone number (including area code), and date of birth, and state, within the “subject line” of the email, “R10F10 2016 Training Sweepstakes” and then send your email entry to the email address stated above (“Email Entry”).
SWEEPSTAKES Hashtags must appear in any INSTAGRAM entry or twitter entry, posting or sharing of the Photo OR ENTRY on any social media platform in connection with the SWEEPSTAKES or sponsor. In the event any INSTAGRAM Entry or twitter entry does not INCLUDE THe SWEEPSTAKES hashtags with any INSTAGRAM entry, twitter entry or social media post about the sweepstakes, Sponsor reserves the right to disqualify any such Entry.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram OR TWITTER.
BY ENTERING THE SWEEPSTAKES, YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER AND A RESIDENT OF ONE OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF Guam, Puerto Rico, u.s. virgin islands, all other U.S. territories and possessions and OUTSIDE THE U.S., INCLUDING Canada). DO NOT ENTER THE SWEEPSTAKES IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS. Sponsor reserveS the right to verify your eligibility to enter the sweepstakes.
2.3 Entry Period: ALL ENTRIES MUST BE RECEIVED BY THE APPLICABLE END TIME/DATE FOR THE MONTHLY ENTRY PERIODS AS PROVIDED BELOW. However, once you enter, you do not need to enter again to be eligible to win during the next random drawing date.
MONTHLY ENTRY PERIOD
START TIME/DATE
ENTRIES MUST BE RECEIVED BY END TIME/DATE:
APPROXIMATE RANDOM DRAWING DATE
PRIZE
#1
10:01 AM ET, 9/13/16
11:59 PM ET, 9/28/16
9/29/16
one (1) $250 bank card and Vitafusion prize package including a FitBit Charge, Vitafusion Extra Strength B12, a towel, an exercise band, and a water bottle
#2
12:01 AM ET, 9/29/16
11:59 PM ET, 10/14/16
10/17/16
one (1) $250 bank card and Vitafusion prize package including a FitBit Charge, Vitafusion Extra Strength B12, a towel, an exercise band, and a water bottle
#3
12:01 AM ET,10/15/16
11:59 PM ET, 10/29/16
10/31/16
one (1) $250 bank card and Vitafusion prize package including a FitBit Charge, Vitafusion Extra Strength B12, a towel, an exercise band, and a water bottle
2.3 General Requirements:
The Instagram Entries, Twitter Entries, and Email Entries are collectively referred to as the “Entry” or “Entries”. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET, October 29, 2016. Potential winners will be selected at random as set forth in Section 3 below, without consideration as to whether the Entry was submitted with or without a Photo and/or Instagram Entry and/or Twitter Entry. You may enter multiple times throughout the Promotion Period. However, you may only win once. Instagram Entries submitted will be deemed to have been submitted by the authorized account holder of the applicable Instagram account from which the Instagram Entry is submitted. Twitter Entries submitted will be deemed to have been submitted by the authorized account holder of the applicable Twitter account from which the Twitter Entry is submitted. Email Entries submitted will be deemed to have been submitted by the authorized account holder of the email address provided in connection with the Website Entry. “Authorized account holder” is defined as the natural person who is assigned, as applicable, to the Instagram account, by Instagram, Twitter account, by Twitter, or an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. By submitting an Entry, each entrant consents to entry into the Sweepstakes and, if selected as a winner, to receive from the Sponsor Rodale Inc. a direct Instagram and/or Twitter message or email notifying such entrant that he/she is a potential prize winner. Eligible Participants submitting Entries are referred herein from time to time individually as “Entrant” or collectively as “Entrants”.
All Photos and Entries must be consistent with Sponsor’s image and reputation. Photo cannot (a) be offensive or inappropriate, as determined by Sponsor; (b) include any trademarks, service marks, logos, or copyrights or other materials not owned by the Entrant, or used without the owner’s express written permission, in a form acceptable to Sponsor; (c) use another person’s name, image, likeness, or other identifiable feature without such person’s express written permission, in a form acceptable to Sponsor; (d) include any celebrities or public figures; (e) contain profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), or that promotes violence or harm to another or any animal, or any other offensive, obscene, or inappropriate content; (f) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor; (g) make threats of any kind, harass, bully or intimidate another; (h) contain materials personifying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without express written permission, in a form satisfactory to Sponsor; or (i) violate any applicable federal, state or local laws. In addition, Entrants must comply with all applicable Federal Trade Commission (“FTC”) rules and regulations, including without limitation, the FTC Endorsement and Testimonial Guidelines, as amended.
By submitting an Entry, you represent and warrant that: (a) your Entry and Photo comply with the Official Rules; (b) you are the creator of the Photo; (c) to the best of your knowledge, the Photo was not previously published or the winner of an award of any kind; (d) the Photo does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (e) the use, exhibition, or exploitation of the Photo by Sponsor will not require Sponsor to pay or incur any sums to any persons; and (f) you obtained all permissions necessary in connection with the Photo and, upon request, will provide those permissions to Sponsor in a form acceptable to Sponsor. In the event any Entry or Photo does not comply with any of the foregoing, as determined within Sponsor’s sole discretion, Sponsor reserves the right to disqualify any such Entry.
3. RANDOM DRAWING; ODDS OF WINNING: Rodale will randomly select three (3) winner(s) from among all eligible entries received without consideration to whether or whether not a Photo and/or Instagram Entry and/or Twitter Entry was submitted as follows: Sponsor will randomly select one (1) winner on or about September 29, 2016 (“First Winner”); Sponsor will randomly select the second winner on or about October 17, 2016 (“Second Winner”); and Sponsor will randomly select the third winner on or about October 31, 2016 (“Third Winner”). Odds of winning depend on the total number of eligible entries received. Entrants can only win one time in the Sweepstakes.
4. WINNER NOTIFICATION: Within approximately five (5) business days after the applicable random drawing date for, respectively, the First Winner, Second Winner, and Third Winner (collectively, the “Winners”) potential winner who submitted an Entry will be notified by Sponsor Inc., as provided for herein, that he/she is a potential winner (the “Potential Winner Notification”). If the potential winner submitted an Instagram Entry, he/she will be notified and sent a Potential Winner Notification that he/she is a potential winner via an Instagram message and potential winner will be required to respond to the Potential Winner Notification from Sponsor with a reply that states the potential winner’s email address, If the potential winner submitted a Twitter Entry, he/she will be notified and sent a Potential Winner Notification that he/she is a potential winner via a Twitter message and potential winner will be required to respond to the Potential Winner Notification from Sponsor with a reply that states the potential winner’s email address. If the potential Winner submitted his/her Entry via an Email Entry, he/she will be notified by email, using the information provided on his/her Email Entry and will be required to respond to the Potential Winner Notification from Sponsor confirming his/her receipt of the Potential Winner Notification. If the potential Winner timely responds to the Potential Winner Notification, sent either through Instagram, Twitter or email, as instructed, he/she will then receive, and he/she so consents to receive, an email from Sponsor including an Affidavit of Eligibility, Release of Liability, Publicity Release, unless prohibited by law, and any other documentation that Sponsor requires (the “Affidavit”). In order to redeem his/her prize, potential Winners shall sign and return to Sponsor the Affidavit within fourteen (14) days from the date Sponsor sent the Affidavit. In the event: (a) potential Winners cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the Entry, (b) of noncompliance with the above or within any of the aforesaid time periods, (c) a potential Winner is found to be ineligible to enter the Sweepstakes or receive the prize, (d) a potential Winner cannot or does not comply with the Official Rules, (e) potential Winner’s Potential Winner Notification or Affidavit is returned as undeliverable for whatever reason, or (f) a potential Winner fails to fulfill the Affidavit-related obligations, the potential Winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects.
5. PRIZES: The approximate retail value (the “ARV”) of each prize is up to $450.00 and consists of one (1) $250 bank card and Vitafusion prize package including a FitBit Charge, Vitafusion Extra Strength B12, a towel, an exercise band, and a water bottle. The total ARV of all prizes awarded is $1,350.00. There are a total of three (3) prizes to be awarded to the three (3) Winners. Prizes subject to any and all applicable terms and conditions. Any depictions of prizes are for illustrative purposes only. Bank card is subject to its terms and conditions. All federal, state and local taxes on the prize are the sole responsibility of the winner. Winner will be sent an IRS Federal 1099-MISC tax form for the retail value of any prize at or above $600. No transfer, refund, substitution or replacement of prize permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes is in U.S. dollars. All prizes will be awarded within 1 year of receipt of valid and executed winners’ affidavit or prize confirmation. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
6. PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and its successors, assigns, transferees, licensees, and sublicensees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, Entry, pictures, portraits, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, syndication and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, digital or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval, which rights winner acknowledges and agrees Sponsor can transfer, assign, license, and/or sublicense. By entering the Sweepstakes, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding the prize. In addition, by entering, entrants agree to Rodale Inc.’s use of entrant’s personal information as described in its privacy policy at http://www.rodaleinc.com/your-privacy-rights. Please refer to Rodale’s privacy policy for important information regarding the collection, use and disclosure of personal information by Rodale. Rodale is not responsible for disclosures made by any third party. Rodale uses reasonable commercial efforts to comply with Federal CAN–SPAM law and entrants may subsequently opt-out of receiving further emails by following opt-out instructions contained in Rodale’s privacy policy. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
7. NO TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsor and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) Entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) Entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to travel cancellation, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Web sites promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. Sponsor reserves the right to modify, extend, suspend or terminate the Sweepstakes, including the Promotion Period, for any reason deemed necessary in Sponsor’s sole discretion, including, but not limited to, fraud, technical failures or difficulties, human error or any other reason, and notice of any modification, extension, suspension or termination will be posted on RUN10FEED10.com.
8. RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY: By participating in the Sweepstakes, entrants and winner agree to release, discharge, hold harmless, and indemnify Sponsor, Instagram, Twitter, Church & Dwight Co., Inc. and their parent companies, subsidiaries, affiliates, partners, advertisers, and successors and assigns, and each of their respective shareholders, partners, members, directors, officers, employees, representatives, agents, contractors, and vendors (“Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy, prize/merchandise delivery and fulfillment. By accepting the prize, winner agrees that any liability concerning or arising out of the prize rests solely with the manufacturer of the goods or their affiliates. Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. In the event that you breach any of your representations, warranties or undertakings contained herein, Released Parties shall be entitled to and may seek indemnification from you for recovery of all legal fees, damages, claims and other expenses that may be incurred by Released Parties as a result of your aforementioned breach. Entrant and winners agrees to indemnify Released Parties from any third party claims, damages, losses or injuries, including reasonable attorney’s fees and costs, arising from or relating to entrant’s participation in the Sweepstakes and the Entry. Entrants and winners acknowledge that Sponsors have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates.
9. DISPUTES: THIS SWEEPSTAKES, INCLUDING ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LEHIGH COUNTY, PENNSYLVANIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN PENNSYLVANIA, AS DETERMINED BY ADMINISTRATOR/SPONSOR. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LEHIGH COUNTY, PENNSYLVANIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES. EACH ENTRANT AGREES THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE OR ILLEGAL, OR OTHERWISE CONFLICTS WITH THE AAA RULES, 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.
10. LIMITATION ON LIABILITY: UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER BE PERMITTED OR ENTITLED TO OBTAIN ANY RECOVERY OR AWARD FOR, AND each ENTRANT and winner HEREBY KNOWINGLY AND EXPRESSLY WAIVEs ALL RIGHTS TO SEEK and obtain, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, or treble damages, AND/OR have ANY OTHER DAMAGES, including REIMBURSEMENT FOR attorneys’ fees, costs and expenses, OTHER THAN ACTUAL damages, AND/OR have damages multiplied and/or increased AND/OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF, INCLUDING RECISSION OF THE OFFICIAL RULES.
11. LIST OF WINNERS: To receive a list of the winners after 11/31/16 by mail send a self-addressed envelope, with applicable U.S. postage affixed (VT state residents only may omit return postage), to: R10F10 2016 Training Sweepstakes, Rodale Inc., 733 Third Avenue, New York, NY 10017, Attn: Melissa Bizzak, or by email send an e-mail to [email protected], and in the body of the email type: “Please e-mail me the winner’s list for the R10F10 2016 Training Sweepstakes.”
12. SPONSOR: The Sponsor of the Sweepstakes is Rodale Inc., 400 South Tenth Street, Emmaus, PA 18098-0099.
SWEEPSTAKES FACTS
PRIZE
RETAIL VALUE
NUMBER OF PRIZES
ODDS OF WINNING
Bank card & Vitafusion Product
$450.00
3
Depend on the Total Number of Eligible Entries Received
R10F10 2016 Training Sweepstakes
ABBREVIATED RULES
SOCIAL MEDIA ACCOUNTS MUST BE PUBLIC FOR ENTRIES TO BE RECEIVED. NO PURCHASE OR SOCIAL MEDIA POST NECESSARY TO ENTER OR WIN. Void where prohibited. Sweepstakes runs from 10:01am ET on 9/13/16 to 11:59pm ET on 10/29/16. Must be 18 years of age or older and legal age of majority in their state and a legal resident of the 50 United States and D.C. US or DC (excluding residents of Guam, Puerto Rico, U.S. Virgin Islands, all other U.S. territories and possessions and outside the U.S. including Canada). For the Official Rules, go to www.womenshealthmag.com/run10sweepsrules. To enter without training, registering for a RUN 10 FEED 10 Event, taking any photo or posting to social media, send an e-mail to [email protected], with R10F10 Training Sweepstakes in the subject line and your name, address, daytime telephone number, and date of birth in the body of the email. Sponsor: Rodale Inc., 400 S. 10th Street, Emmaus, PA 18098-0099.
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