NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. WINNERS WILL BE REQUIRED TO RESPOND TO THE WINNER NOTIFICATION AND COMPLETE AND EXECUTE A WINNER RELEASE AND PRIZE ACCEPTANCE AGREEMENT (“RELEASE”) AND ANY OTHER LEGAL DOCUMENTS WITHIN THE TIMEFRAME REQUIRED BY SPONSOR OR THE PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION). ANY TERMS DEFINED IN THE RELEASE SHALL BE THE SAME AS THOSE DEFINED IN THE RULES. BY ENTERING THIS CONTEST DEFINED BELOW, YOU AGREE TO THESE RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING THIS CONTEST. THIS CONTEST EXPRESSLY EXCLUDES QUEBEC, RHODE ISLAND AND PUERTO RICO. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. NAME OF CONTEST:
2022 June Drop Giveaway Contest (“Contest”).
2. CONTEST OVERVIEW:
In order to participate in the Contest during the Contest Period, Entrants must complete the Entry requirements as defined herein. All Entrants must be at least eighteen (18) years old or the age of majority in the state in which he/she/they resides (if a legal resident of the USA), or have reached the age of majority in his/her/their jurisdiction of residence in Canada (if a legal resident of Canada) as defined in Section 5 below.
This Contest is sponsored by Raw Sports Supplement Company, LLC located at 2979 SE Gran Park Way, Stuart, FL, 34997 (“RAW” or “Sponsor”).
4. CONTEST PERIOD:
The Contest begins on June 15, 2022 at 12 pm Eastern Standard Time (“EST”) and ends on June 18, 2022, at 5 pm EST (“Contest Period”). For more information, please see the Contest details located at www.getrawnutrition.com (the “Website”).
a. Who May Enter: The Contest is open and offered only to natural persons who are legal residents of (a) the fifty (50) United States of America (“USA”), including Washington D.C., but excluding Rhode Island and Puerto Rico, who are at least eighteen (18) years old or the age of majority in the state in which he/she/they resides at the time of Entry in the USA, and (b) the provinces and territories of Canada, excluding Quebec, who have reached the age of majority in his/her/their jurisdiction of residence. Officers, directors, employees, representatives and agents of RAW, its affiliates, and RAW's third-party licensors and its related entities, authorized third party distributors and retailers, and their respective immediate families (i.e., parent, child, sibling or spouse) and/or household members (whether related or not) and any other persons or entities associated with this Contest are ineligible to enter or win. Void where prohibited by law.
c. Entry Limitations: Limit one (1) Entry per Entrant; duplicate Entries by an Entrant will be disqualified and removed. Entries and any content therein may be displayed publicly on the Website in Sponsor’s sole discretion. Entries must be received by Sponsor during the Entry Period to be considered for the Contest. Proof of an Entry (such as a copied, printed, or saved version of a “thank you” or confirmation message or screen or delivery confirmation by a common carrier) does not constitute proof of actual receipt or acceptance of an Entry into this Contest. Odds of winning depend on number of Entrants.
6. AGREEMENT TO RULES:
By participating in this Contest, Entrants agree to abide by and be bound by these 2022 June Drop Giveaway Contest Official Rules (the “Rules”) and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Entrant eligibility for winning a Prize is contingent upon timely fulfilling all requirements set forth herein.
7. HOW TO ENTER:
8. SELECTING THE WINNER:
At the termination of the Contest Period, four (4) winners will be randomly drawn by Sponsor on June 18, 2022 (the “Winner”).
a. Prize Available: The Winners will receive the following prize valued at one thousand dollars (U.S.D. $1,000) (“Prize”).
b. Prize Value: The total approximate retail value the Prize is four thousand dollars (U.S.D. $4,000). It is impossible to establish an exact value of the Prize or predict values based on several conditions such as current market conditions, which are subject to change.
c. Receiving the Prize: Within seven (7) calendar days after the Contest Period expires, Sponsor will email the Winner (“Winner Notification”) using the email address provided in the Entry and request the Winner execute and return the Release via email to firstname.lastname@example.org. The Winner must execute and return the Release to Sponsor within five (5) business days of receiving the Winner Notification in order to receive the Prize. Within thirty (30) calendar days of Sponsor’s receipt of Winner’s completed Release, Sponsor will mail the Prize to Winner based on information provided by Winner to Sponsor. The Prize will be mailed via Federal Express, return receipt requested, to the mailing address provided by Winner in the Release.
d. Prize Disclaimers: Sponsor will not replace any lost, damaged, stolen, or undeliverable Prize or any element thereof, or any Prize that does not reach the Winner because of an incorrect or modified address or other contact information. If the Winner does not accept the entire Prize, the Prize will be forfeited in its entirety, and Sponsor will have no further obligation with respect to the Prize or the Winner. Sponsor is not responsible for any inability of the Winner to accept or use any Prize for any reason. No Prize substitutions or other consideration will be provided to the Winner, except in Sponsor’s sole discretion. Sponsor reserves the right and sole discretion to substitute the Prize or any portion thereof for comparable value of the Prize for any reason, including, without limitation, Prize unavailability. No more than the stated Prize will be awarded. Any federal, state, provincial and local taxes, as well as any expenses costs, travel fees or any other fees not specifically listed in these Rules as being provided as part of the Prize are the sole responsibility of the Winner. Sponsor reserves the right to provide alternative consideration to the Winner in Sponsor’s sole discretion.
10. PRIZE CONDITIONS:
a. Prize Release: By accepting the Prize, the Winner agrees to forever release and hold harmless Sponsor and the Released Parties from and against any and all claims, demands, losses, liabilities, damages, costs, or causes of action arising out of or related to participation in the Contest, Website, Entry, or receipt or use of the Prize. By accepting the Prize, the Winner acknowledges and agrees RAW is not responsible to pay for any incidental or other expenses associated with the Prize, or this Contest that is not specifically included in the Prize. Winner will not enter into any settlements or make any admissions on RAW's behalf without RAW's prior written consent. Winner acknowledges and agrees that his/her/their participation in the Contest, eligibility to receive, and/or receipt of a Prize is contingent upon his/her/their full compliance with the Rules and conditions herein. The Prize is subject to prior verification of eligibility, as well as compliance with these Rules. The Prize may not be transferred or assigned. If legitimately claimed, the Prize will be awarded.
b. Canadian Residents: With respect to Canada, this Contest is open to legal residents of Canada excluding Quebec. For Canadian residents only, in order to be declared a Winner, the Winner must first correctly answer a mathematical skill-testing question which will be emailed to the Winner at the time of the Winner Notification. If the potential Winner fails to correctly answer the question, he/she/they will be disqualified and another potential Winner will be randomly selected. Sponsor reserves the right, in Sponsor’s sole discretion, to administer an alternate skill test as it deems appropriate or necessary.
11. LICENSE GRANTED:
Each Entrant agrees to indemnify, defend, and hold harmless Sponsor and the Released Parties against any and all claims, liabilities, suits, losses, damages, and expenses (including, without limitation, attorneys’ fees) brought by or on behalf of a third party against Sponsor and/or any of the Released Parties arising out of or related to the Contest, Rules, Entry or the Prize. Entrant shall give Sponsor full authority to control the defense and all aspects relating to the defense thereof through lawyers of Sponsor’s own choosing, including, but not limited to, the right to compromise and enter into any settlement of all claims, provided, however, that Entrant has no authority to bind, or obligate Released Parties in any way or manner whatsoever. Any compromise or settlement of any claim that required any payment by any Released Party, or requires any action or activity, or the cessation or any action or activity by any Released Party shall require Sponsor’s express prior written agreement to such terms and conditions. Entrant may not enter into any settlements or make any admissions on the Related Parties’ behalf without their prior written consent.
13. RIGHTS RESERVED:
Sponsor reserves the right, in its sole discretion, to disqualify from the Contest and/or remove from the Website, or elsewhere any Entry, or any part thereof that, in Sponsor’s sole discretion, that refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these requirements or these Rules. The Released Parties are not responsible for legal protection or clearance of the Entries in any form. Sponsor reserves the right and sole discretion to disqualify any Entries it deems infringing or inappropriate in any form. Except where expressly prohibited by law, once submitted, all Entries will become part of the Contest and may not be removed by or returned to Entrant, even if Entrant withdraws from the Contest.
14. FORCE MAJEURE:
If for any reason the operation or administration of this Contest, Newsletter, or Website is impaired or incapable of running as planned for any reason, including, but not limited to, (a) infection by computer virus or bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) a Force Majeure Event which includes, but is not limited to, “acts of God", fires, strikes, labor disputes, pandemics, epidemics, accidents, embargoes, riots, floods, earthquakes, wars or governmental actions (each a “Force Majeure Event”), (d) technical or production failures, or (e) any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and to award the Prize using all eligible Entries received as of, or prior to cancellation, termination, modification, or suspension date, or in any manner that conforms to the spirit of these Rules. Sponsor reserves the right, in its sole discretion, to disqualify any individual deemed to be (y) tampering or attempting to tamper with the Entry process or the operation of the Contest, or (z) acting in violation of these Rules or in any manner that’s disruptive to or contrary to the spirt of the Contest. If Sponsor cannot commence or complete the performance of its obligations or exercise its rights hereunder due a Force Majeure Event, Sponsor may, in its sole discretion and without penalty, cancel the Contest or suspend the Contest Period hereunder during such time in which Sponsor is unable to commence or complete performance of its obligations, or receive the benefits herein due to a Force Majeure Event.
15. Equitable Remedies:
ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER LEGAL OR EQUITABLE REMEDIES FROM ANY SUCH PERSON(S) INVOLVED IN OR RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW. FAILURE BY SPONSOR TO ENFORCE ANY PROVISION OF THESE RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY LEGAL OR EQUITABLE RIGHTS.
16. RELEASE AND LIMITATIONS OF LIABILITY:
To the full extent permitted by law, by participating in the Contest, Entrants agree to release and hold harmless Sponsor, Licensors and their respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, officers, employees, agents, successors, assigns, and advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage, liability, or cause of action arising out of or related to an Entry, the Website, the Newsletter, the Contest, acceptance, receipt, or use or misuse of a Prize, or participation in any Prize-related activity. Without limiting the foregoing, Entrants agree to release, indemnify, and hold harmless the Released Parties from, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an Entry; (b) unauthorized human intervention in the Contest; (c) printing or production errors; (d) Contest administration or Entry processing; (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use of the Prize; or (f) Entrant’s participation in the Contest. Entrant acknowledges and agrees Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to an Entrant’s or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest.
ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES LIABILITY WILL BE LIMITED TO ENTRANTS ACTUAL COST, MOT TO EXCEED FIVE DOLLARS (U.S.D. $5.00), IF ANY, TO SUBMIT AN ENTRY, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEY’S FEED OR ANY OTHER COSTS WHATSOEVER.
ENTRANT AGREES THAT RELEASED PARTIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATING TO OR ARISING FROM THE CONTEST, NEWSLETTER, OR THE PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE CONTEST, WEBSITE, NEWSLETTER, OR THE PRIZE, AND SPONSOR IS NOT LIABLE FOR THE CONSEQUENCE OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
17. USE OF DATA:
18. CLASS ACTION WAIVER:
a. Arbitration Provision: Except as specifically excluded herein, the Parties agree that any dispute, controversy or claim (“Dispute”) arising out of, related to, or having any relationship or connection whatsoever to the Agreement, Licensed Products, Licensed Properties, any relationship or conduct between the Parties, any relationship to the interpretation, validity, enforceability, scope, or waiver of any provisions of this Agreement, or arising under local, state, or federal statutes or regulations shall be resolved by one arbitrator through mandatory and binding arbitration administered by an a retired state or federal judge on the American Arbitration Association (“AAA”) national roster of arbitrators who is able to conduct the arbitration in San Diego, California. If the Parties are unable to agree on an arbitrator, an arbitrator shall be determined pursuant to Rules 15-20 of the AAA Consumer Arbitration Rules (“AAA Consumer Rules”) (presently available at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf). This Arbitration Agreement is made pursuant to the Federal Arbitration Act and the Dispute will be decided by arbitration in accordance with the AAA Consumer Rules then in effect subject to the modifications described in this Section. At this time, the instructions for initiating AAA arbitration can be found at “R-2” of the AAA Consumer Rules and a template for an AAA Consumer Arbitration demand may be found at: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf. Except as provided herein, the arbitration shall be conducted in accordance with AAA Consumer Rules, rather than any federal or state rules of civil procedure. The AAA Consumer Rules may provide more limited discovery compared to federal or state rules of civil procedure. The arbitrator shall honor claims of privilege and privacy recognized under California law and shall take reasonable steps to protect all confidential information. Each Party may be represented by legal counsel of their own choosing. To the fullest extent permitted by law, each Party shall pay its own attorneys’ fees. To the fullest extent permitted by law, the expense of the arbitration will be shared equally between the parties. Judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The award or decision by the arbitrator shall be final, binding and conclusive and judgment may be entered upon such award by any court. The arbitrator shall not have the authority to add to, amend, or modify existing law and all awards will be based solely on the law which would govern the Dispute if it had been brought in a court of law. No arbitration award or decision will have any preclusive effect as to any issues or claims in any dispute, arbitration, or court proceeding where any Party was not a named party in the arbitration. Prior to, during, and following any arbitration, the Parties agree that the arbitration shall remain confidential.
This arbitration agreement specifically excludes from coverage any Disputes relating to whistleblowers and/or unlawful retaliation arising under the Sarbanes-Oxley Act, Disputes under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), and Disputes under the California Private Attorney Generals Act (PAGA).This arbitration agreement does not preclude the Parties from seeking provisional remedies from a court of law (such as temporary restraining orders or preliminary injunctions) to the extent applicable law allows parties to an arbitration agreement to obtain such relief. A Party’s seeking or obtaining such provisional remedies shall not be considered a waiver of that Party’s right to arbitration under this arbitration agreement. This arbitration agreement does not preclude the Parties from bringing applicable Disputes in the small claims court for the Superior Court of the County of San Diego, California. Nothing in this arbitration agreement is intended to affect or limit the Parties’ right to file an administrative charge or otherwise seek relief from any administrative or federal or state government agencies (although if a Party chooses to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this arbitration agreement). A Party’s participation in any administrative proceedings shall not be considered a waiver of that Party’s right to arbitration under this arbitration agreement. Except as provided herein, this arbitration agreement shall be governed by the Federal Arbitration Act and California law to the extent California law is not inconsistent with the Federal Arbitration Act.
b. Delegation to Arbitrator: UNLESS OTHERWISE STATED IN THIS AGREEMENT, IT IS THE INTENT OF THE PARTIES TO CLEARLY AND UNMISTAKEABLY DELEGATE TO AN ARBITRATOR (AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY) THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, REVOCABILITY, UNCONSCIONABILITY, VALIDITY OR FORMATION OF THIS AGREEMENT, ANY DISPUTE RELATING TO THE ARBITRABILITY OF ANY DISPUTE, OR AND ANY DISPUTE THAT ONE OF THE PARTIES WAIVED THE RIGHT TO ARBITRATE. Notwithstanding the above, the arbitrator is not authorized to make any award of attorneys’ fees or costs relating to the determination of gateway issues of arbitrability.
c. Intellectual Property Claims Exempted: Notwithstanding the above, the Parties agree that any dispute, controversy, or claim involving the intellectual property rights of the Parties or the Parties’ affiliates or licensors may be brought in any state or federal court in the Southern District in the State of Florida, and the Parties consent to exclusive personal jurisdiction and venue in such courts.
The invalidity or unenforceability of any provision of these Rules or any Release executed in conjunction with the Contest 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, these Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
21. WINNER AND RULES:
To request confirmation of the Winner, please email a written request to email@example.com with the subject line “2022 June Drop Giveaway Contest.”