NO PURCHASE NECESSARY. No purchase necessary to enter or win. A purchase does not increase your chances of winning. By entering the Promotion (defined below), Entrant fully and unconditionally agrees to and accepts these Official Rules and agrees to the decisions of the Sponsor, which are final and binding in all respects. Void where prohibited. All federal, state and local laws and regulations apply. If you participate via mobile device, message and data rates may apply.
BINDING ARBITRATION. All disputes will be resolved solely by binding arbitration and entrants waive the ability to bring claims in a class action format.
PROMOTION PERIOD. The 2020 Power Crunch Halloween Sweepstakes (the “Promotion”) begins at 12:00:01 AM Pacific Time (“PT”) on October 15, 2020 and ends at 3:00:01 PM PT on October 20, 2020 (the “Promotion Period”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.
As of the date of entry, you must be (i) 18 years of age or older and (ii) a legal resident of the United States of America. Employees, officers and directors of Bio-Nutritional Research Group, Inc. (“Sponsor”), and its respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. Sponsor reserves the right to verify eligibility requirements
HOW TO ENTER THE PROMOTION: You must have a valid Instagram account to enter the Promotion. During the Promotion Period: (i) login to your Instagram account; (ii) follow @powercrunch; (iii) like the post made by @powercrunch relating to this Promotion; (iv) describe your favorite Halloween tradition in the comments on the post made by @powercrunch relating to this Promotion; and (v) tag a friend in the comments of the post made by @powercrunch relating to this Promotion (“Entry”). You will receive one (1) Entry for each eligible comment you make to the post made by @powercrunch relating to this Promotion.
HOW WINNER WILL BE DETERMINED: One (1) potential First Prize Winner, one (1) potential Second Prize Winner, and one (1) potential Third Prize Winner will be chosen by the Sponsor on or about October 20, 2020, in a random drawing from among all eligible Entries received during the Promotion Period. Odds of winning depend on the number of eligible Entries received during the Promotion Period.
WINNER NOTIFICATION: The potential winners do not need to be present at the drawing and will be notified by direct message on Instagram from Sponsor’s official Instagram account on or about the day after the Promotion Period ends, of his or her name being drawn. Upon notification, the potential winners must send a direct message to the Sponsor’s official Instagram account with contact information. If such potential winners do not respond within three (3) days of notification, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he or she will forfeit that prize and an alternate winner will be selected from the remaining eligible Entries. A potential winner becomes a “Winner” only after verification of eligibility by Sponsor.
One (1) First Prize Winner shall receive the following (the “First Prize”): six (6) boxes of Power Crunch protein bars. Approximate retail value (“ARV”) of the First Prize: $149.94.
One (1) Second Prize Winner shall receive the following (the “Second Prize”): four (4) boxes of Power Crunch protein bars. ARV of the Second Prize: $99.96.
One (1) Third Prize Winner shall receive the following (the “Third Prize”): two (2) boxes of Power Crunch protein bars. ARV of the Third Prize: $49.98.Sponsor reserves the right to substitute other, similar prizes of similar value.PRIZE RESTRICTIONS: Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes. Prize will only be awarded by Sponsor upon potential winner’s verification of eligibility and final approval by Sponsor. No prize substitution, cash equivalent of prizes, transfer or assignment of prizes is permitted, except by Sponsor which reserves the right to substitute a prize with one of comparable or greater value, in its sole discretion. PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.
GENERAL: Winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and location of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) 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, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person’s electronic device which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, 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 Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries (including, but not limited to, death), damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules.FOR RESIDENTS OF THE STATE OF CALIFORNIA: You acknowledge and agree that your release and waiver extends to the following, the protections of which you explicitly waive:California Civil Code Section 1542: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
CHOICE OF LAW AND ARBITRATION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions State of California or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of California. Each entrant agrees that (a) any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be resolved solely by binding arbitration and entrants waive the ability to bring claims in a class action format; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will entrant be entitled to received attorneys’ fees or other legal costs; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.
WINNERS LIST: To receive the list of Winners, send a #10 self-addressed, stamped envelope for receipt by October 31, 2020 to: Power Crunch Halloween Sweepstakes Winners List Request, 6 Morgan, Suite 100, Irvine, CA 92618.SPONSOR: Bio-Nutritional Research Group, Inc., 6 Morgan, Suite 100, Irvine, CA 92618
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