Official Rules - Summer Protein Sweepstakes

Official Rules Summer Protein Sweepstakes 


Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules (the “Rules”). The Bag of Protein Sweepstakes (the “Sweepstakes”) will begin at 9:00 a.m. Pacific Standard Time (PST) on July 29, 2019 and end at 11:59 p.m. PST on August 12, 2019 (“Sweepstakes Period”). The Sweepstakes is sponsored by LLC, a California limited liability company (“Sponsor”). The Sweepstakes is being conducted in partnership with FitSW, Inc., a Delaware corporation (“FitSW”).


1. ELIGIBILITY: To be eligible to enter the Sweepstakes, an entrant (“Entrant”) must be a U.S. citizen or permanent U.S. legal resident at least 18 years of age or older as of the date of entry. No purchase or payment of any kind is necessary to enter or win this Sweepstakes. Entrant’s entry into the Sweepstakes will be deemed to be a representation that the Entrant is 18 years of age or older. Employees, independent contractors, interns, officers, directors and agents of Sponsor or FitSW and their immediate family members (spouses, children, siblings, parents and their respective spouses) are not eligible to enter or win.


2. HOW TO ENTER: To participate in the Sweepstakes, Entrant must by taking in one of the following actions during the Sweepstakes Period (each, an “Entry”):


(1) Sign up and download the Upgrade Your Fitness Biz e-book at: (2) Register and create an account with at:; (3) Register and create an account with FitSW at:;


Limit one Entry per Entrant. Any attempt by any participant to receive more than the stated number of Entries by using multiple/different email addresses, social media accounts, identities, registrations and logins, or any other methods is prohibited, and Sponsor, in its sole discretion, may void all of that participant’s Entries and disqualify the participant from this Sweepstakes. Only Entries received during the Sweepstakes Period will be eligible.


Sponsor is not responsible for lost, late, and/or misdirected Entries. All participants and content of Entries must comply with these Rules, and, to the extent applicable, the terms and conditions of Facebook. By submitting an Entry, Entrant further acknowledges and agrees that neither Sponsor nor FitSW owes Entrant a duty of confidence, fiduciary care or treatment or other similar duty or obligation with regard to Entrant’s Entries.


3. ENTRIES: Entries become the sole property of Sponsor (and/or FitSW) and none will be returned. By participating in the Sweepstakes, Entrant grants to Sponsor the non-exclusive, irrevocable worldwide right to use, publish and copy the Entry in any media, in whole or in part, without geographical limitation or compensation to Entrant, including, by way of example and not by limitation, display on Sponsor’s and/or FitSW’s website, Facebook page and other social media platforms.


4. CONTENT REQUIREMENTS. Entries must not: (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain defamatory statements; (c) include threats to any person, place, business, or group; (d) be misleading, obscene, indecent, tortious, hateful or offensive; (e) depict any risky behavior; (f) contain any third party trademarks or logos; (g) have been entered in any other contest or have been published or distributed in any other media; (h) communicate messages inconsistent with the positive image or goodwill which Sponsor wishes to associate; and/or (i) violate any applicable law. An Entrant’s compliance with the requirements set forth above shall be determined by Sponsor in its sole and absolute discretion. Sponsor reserves the right to refuse to post or to delete any Entry for any reason.


5. ENTRANT’S WARRANTIES AND REPRESENTATIONS: By submitting an Entry, Entrant warrants and represents that: (a) to the extent the Entry depicts any individual, Entrant has obtained written permission from such individual to grant the rights to Sponsor and FitSW described in the “Sponsor’s Rights to Entries” section

below, and can make written copies of such permissions available to Sponsor upon request; and (b) the Entry complies with all requirements of these Rules.

6. SPONSOR’S RIGHTS TO ENTRIES: By participating, Entrant: (a) grants Sponsor, FitSW, and each of their designees, agents, licensees, and assigns a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, distribute, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use Entrant’s Entries as-is or as-edited (with or without using Entrant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from Entrant or any other party; (b) forever waives any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s or FitSW’s use of Entrant’s Entries, or require any further permission for Sponsor or FitSW to use the Entries; and (c) agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor or FitSWon the grounds that any use of the Entries, or any derivative works, infringes any of Entrant’s rights as creator of the Entries, including, without limitation, copyrights, trademark rights, and moral rights.

7. HOW TO WIN: Up to 5 winning Entries will be chosen at random based on the completion of submission requirements and compliance with these Rules. Decisions made by Sponsor are final in all matters relating to this Sweepstakes. On or about August 15, 2019, by approximately 5:00 p.m. PST, the winner(s) from all eligible Entries received will be notified.

8. PRIZE/APPROXIMATE RETAIL VALUE (ARV)/APPROXIMATE ODDS OF WINNING: Winner(s) will receive an [one (1) pound bag of Protein] [one Protein Shaker] No purchase necessary. The prize is not exchangeable or redeemable for cash or credit, except as, and where required by law. The prize will not be replaced if lost or stolen. All prizes are awarded “as is” with no warranty or guarantee, either expressed or implied, by Sponsor. Approximate retail value (ARV) of each prize is [$69.98]. The odds of being selected depend on the number of qualified Entries received. LIMIT ONE WINNING ENTRY PER ENTRANT.

9. PRIZE AWARD: Taxes are the sole responsibility of the winner. No prize substitution allowed. Prize is not redeemable for cash and no change will be given. Prize cannot be combined with any other offers. Unclaimed prizes will not be awarded.

10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Rules. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to 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 seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor in any form shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any Entry, the authorized account holder of the Facebook, if applicable used to like the page(s) will be deemed to be the participant. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited or restricted by applicable law. Should any portion of the Sweepstakes be, in the Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes, which, in the Sponsor’s sole opinion, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right to suspend, modify or terminate the Sweepstakes (or any portion thereof).

11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrant agrees to release and hold harmless Sponsor, FitSW, and each of their parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of Entries; or (f) injury or

damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

12. PRIVACY AND PUBLICITY: Any information Entrant submits as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s and FitSW’s privacy policy. For the avoidance of doubt, Entrant’s entry in the Sweepstakes also constitutes Entrant’s consent for Sponsor and FitSW to contact Entrant for marketing and advertising purposes, whether via e-mail, telephone, mail or other forms of communication. Except where prohibited, participation in the Sweepstakes constitutes Entrant’s consent to Sponsor’s and FitSW’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

13. DISPUTES: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, rights and obligations of Entrant, or the rights and obligations of Sponsor in connection with the Sweepstakes, 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 (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

14. THIRD PARTY PLATFORMS: By participating in this Sweepstakes, Entrant hereby releases and agrees to hold harmless any third party platforms (“Third Party Platforms”) including without limitation social media platforms (e.g. Facebook), from any and all liability, loss or damages arising from or in connection with this Sweepstakes or the awarding, receipt, and/or use or misuse of prizes or participation in any prize-related activities. Unless otherwise stated to the contrary in these Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third Party Platform.

15. OFFICIAL RULES: Copies of these Rules are available by visiting:

16. DISCLOSURE OF WINNERS: For a disclosure of the winner of the Sweepstakes, mail the request, along with a self-addressed stamped envelope, within 3 months of the end of the Sweepstakes Period to: LLC, ATTN: Sweepstakes Administration, 30 Maxwell, Irvine, California 92618.

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