NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW AND OUTSIDE UNITED STATES. SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS, REGULATIONS, AND ORDINANCES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. OR INSTAGRAM, INC.
1. ELIGIBILITY: The #BetterThanBefore 2020 Sweepstakes (the “Sweepstakes”) is open only to legal U.S. residents (including D.C.) who are 18 years old or the age of majority, whichever is older, as of the date of entry. Employees, officers, and directors of Sponsor or any of its respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
2. SPONSOR: Glanbia Performance Nutrition, Inc. d/b/a Optimum Nutrition, Inc., 3500 Lacey Road, Suite 1200, Downers Grove, IL 60515.
3. SWEEPSTAKES PERIOD: Sweepstakes begins on August 10, 2020 at 12:00:01 a.m. Central Time (“CT”) and ends on November 20, 2020 at 11:59:59 p.m. CT (the “Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes.
4. HOW TO ENTER: There are two (2) ways to enter:
a. Online Purchase: Entrants making a purchase (of any amount) on the OptimumNutrition.com website during the Sweepstakes Period will automatically receive one (1) entry into the Sweepstakes.
b. To Enter Without Purchase: Entrants must visit www.optimumnutrition.com/betterthanbefore/entry during the Sweepstakes Period and follow the on-screen instructions to complete the registration form. You must complete all required information to be eligible to enter. Upon completion of the registration form, you will automatically be entered with one (1) entry into the Sweepstakes.
LIMIT TWO (2) ENTRIES PER PERSON FOR THE ENTIRE SWEEPSTAKES PERIOD, REGARDLESS OF METHOD OR COMBINATION OF METHODS OF ENTRY. ADDITIONAL ENTRIES WILL BE DISQUALIFIED.
All potential winners are subject to verification before any prize will be awarded. Normal internet access, phone, and usage charges imposed by your online or phone service may apply. Automated or bulk entries or entries submitted by third parties will be disqualified. No copies, facsimiles, or mechanical reproductions of the registration form will be accepted. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, registrations, email addresses, logins, or any other methods will void that participant’s plays and/or entries, and that participant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
Grand Prize Description and Values: Eight (8) Grand Prize winners shall be selected as stated in Section 6 (“Selection of Winners”). Grand Prize Winners will have the option of selecting one of the following two options:
• Three Thousand U.S. Dollars ($3,000.00) for use in the purchase of in-home gym equipment or for use for annual gym or studio membership fees; and
• One-year supply of Optimum Nutrition products, valued at One Thousand Two Hundred U.S. Dollars ($1,200.00).
• 30-minute Zoom workout with a member of Team ON (date, time and participating Team ON member to be determined by Sponsor in Sponsor’s sole discretion);
• One Thousand Five Hundred U.S. Dollars ($1,500.00) for use in the purchase of in-home gym equipment or for use for annual gym or studio membership fees; and
• One-year supply of Optimum Nutrition products, valued at One Thousand Two Hundred U.S. Dollars ($1,200.00).
The total Approximate Retail Value (“ARV”) of each Grand Prize is Four Thousand Two Hundred U.S. Dollars ($4,200.00).
The total ARV for all Grand Prizes is Thirty-Three Thousand Six Hundred Dollars ($33,600.00).
Runner-Up Prize Description and Value: Eight (8) Runner-Up Prize winners shall be selected as stated in Section 6 (“Selection of Winners”). Runner-Up Prize Winners will receive a one-year supply of Optimum Nutrition products. The total ARV of each Runner-Up Prize is One Thousand Two Hundred U.S. Dollars ($1,200.00). The total ARV of all Runner-Up Prizes is Nine Thousand Six Hundred U.S. Dollars ($9,600.00).
The total ARV for all prizes to be awarded is Forty Three Thousand Two Hundred U.S. Dollars ($43,200.00).
6. SELECTION OF WINNERS: On or about the dates set forth in the schedule below, Sponsor will select the name of potential winners in a random drawing from among all entries received as of the deadline to enter each respective prize drawing, as indicated in the table below. The odds of winning are based on the number of eligible entries received as of the deadline to enter of each respective drawing. Sponsor’s computer is the official time keeping device for this Sweepstakes.
|DRAWING||DEADLINE TO ENTER||DATE OF DRAWING (ON OR ABOUT)||NUMBER OF
|RUNNER-UP DRAWINGS||DRAWING #1||11:59:59 p.m. CT
|DRAWING #2||11:59:59 p.m. CT
|DRAWING #3||11:59:59 p.m. CT
|DRAWING #4||11:59:59 p.m. CT
|DRAWING #5||11:59:59 p.m. CT
|DRAWING #6||11:59:59 p.m. CT
|DRAWING #7||11:59:59 p.m. CT
|DRAWING #8||11:59:59 p.m. CT
|GRAND PRIZE DRAWING||11:59:59 p.m. CT
Potential winners will be notified via email and must respond to the notification within seventy-two (72) hours. Potential winners may be required to provide proof of eligibility as required by Sponsor and Grand Prize winners will be required to complete an affidavit of eligibility and release of liability and, where permitted by law, publicity release within seven (7) days from the date of winner notification. If (i) the winner notification is returned as non-deliverable, (ii) a potential winner fails to respond to the winner notification within the time required, (iii) a potential winner fails to sign any requested documents within seven (7) days, (iv) a potential winner fails to abide by these Official Rules, or (v) a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and an alternate potential winner may be selected as by random selection from all eligible entries received. A maximum of two (2) alternate winners will be selected, after which any remaining prizes will remain unawarded.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
7. PRIZE RESTRICTIONS: Limit one (1) Runner-Up Prize and one (1) Grand Prize per person, per household. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
8. GENERAL CONDITIONS: This Sweepstakes is governed by the laws of the United States. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prizes. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Sweepstakes (or any portion thereof); (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
9. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT SPONSOR, INSTAGRAM, INC AND/OR FACEBOOK, INC. AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Illinois or the appropriate State Court located in DuPage County, Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
12. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit www.optimumnutrition.com/betterthanbefore/entry or send a self-addressed, stamped envelope to: Optimum Nutrition, Inc., Attn: Consumer Affairs, 3500 Lacey Road, Suite 1200, Downers Grove, IL 60515. For a list of winners available after December 31, 2020, email [email protected] with the subject line “Better Than Before 2020 Sweepstakes – Winners List Request”.
Copyright ©2020 Glanbia Performance Nutrition, Inc. Any questions, comments or complaints should be directed to Sponsor. All third party trademarks, service marks and trade names are the property of their respective owners and do not reflect endorsement or sponsorship of this Sweepstakes. This Sweepstakes is not sponsored, administered, endorsed by, nor is it associated with, Instagram, Inc. and/or Facebook, Inc. All rights reserved.