NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING. BY ENTERING, ENTRANT AGREES TO RECEIVE NEWSLETTERS, SPECIAL OFFERS AND OTHER MARKETING COMMUNICATIONS FROM BIOFITNESS LAB.
PRELIMINARY INFORMATION: By entry into this Sweepstakes, you accept and agree to be bound by these official rules (“Official Rules”). The BIOFITNESS LAB Essentials Subscription Box Sweepstakes (the “Sweepstakes”) is sponsored by W.D. Owens Investment Company, LLC on behalf of the BIOFITNESS LAB brand, located at PO Box 69A05, West Hollywood, CA 90069 (“BIOFITNESS LAB”). The Sweepstakes is subject to all applicable federal, state, municipal, and local laws and regulations. Void where prohibited by law.
ELIGIBILITY: This Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are, as of April 28, 2017, at least 18 years of age (or 19 years of age for AL and NE residents) (each, an “Entrant”). Employees, independent contractors, officers, and directors of BIOFITNESS LAB and its affiliates and subsidiaries and their immediate family members (spouse/domestic partner, parents, children, siblings and their respective spouses) and those living in the same household of each (whether legally related or not) are not eligible to enter or win.
HOW TO ENTER: The Sweepstakes entry period begins April 28, 2017 at 12:00:00 AM Pacific Time and ends August 31, 2017, at 11:59:59 PM Pacific Time (the “Entry Period”). In order to enter the Sweepstakes, Entrants must go to the entry form on BIOFITNESS LAB’s website, located at https://biofitnesslab.com/biofitness-lab-facebook-sweepstakes and follow the on-screen entry instructions to complete and thereafter submit the entry form, which includes Entrant’s email address, zip code, and agreement to the terms and conditions of the Sweepstakes, including these Official Rules. No entry will be accepted for any Entrant that does not provide all of the information required on the entry form. Limit one entry per e-mail address; multiple entries from the same e-mail address are void.
SWEEPSTAKES DRAWING: In order to determine the winner of the Prize, a random drawing of all eligible entries received during the Entry Period will be conducted on or about five (5) business days after the end of the Entry Period, but may be expedited or delayed in BIOFITNESS LAB’s sole discretion. The random drawing will be conducted by BIOFITNESS LAB, whose decisions on all matters relating to drawing and winners are final and binding. Odds of winning depend on the total number of eligible entries received.
COMMUNICATION WITH POTENTIAL WINNERS: BIOFITNESS LAB will contact the potential winner by email (at the address provided on the entry form) on or about five (5) business days after the drawing, but notification may be expedited or delayed in BIOFITNESS LAB’s sole discretion. Potential winners must reply to the email and claim the Prize by provide his/her shipping address, and any other information or documentation requested by BIOFITNESS LAB, which may include signing an Affidavit/Declaration of Eligibility (certifying, among other things, that the potential winner complied with the Official Rules), Release of Liability, and/or Prize Acceptance Form (collectively “Sweepstakes Documents”). The potential winner must complete the foregoing requirements within five (5) days after BIOFITNESS LAB sending its initial notification email. If the potential winner does not complete such requirements within such period, or BIOFITNESS LAB’s initial message is returned as undeliverable or the potential winner is otherwise deemed ineligible, not in compliance with these Official Rules or declines to accept the Prize, BIOFITNESS LAB may, in its sole discretion, disqualify the potential winner without further notice and either forfeit the Prize or select an alternate winner in accordance with Section 4. All results are unofficial until BIOFITNESS LAB’s acceptance of the potential winner’s claim of the Prize and completion of required Sweepstakes Documentation (once accepted, the “Winner”). Entrants that do not win will not be notified.
PRIZES AND APPROXIMATE RETAIL VALUE (ARV): The Winner will be eligible to receive a prize package consisting of the following items (the “Prize”): a 12-month subscription to BIOFITNESS LAB Essentials Subscription Box (ARV: $1,200).
The total approximate retail value (“ARV”) for the Prize is $1,200 USD. ARV is listed in U.S. Dollars as of date of printing of these Official Rules. The difference in value of Prize as stated herein and value at time of prize notification, if any, will not be awarded. Prize will be awarded “as is” with no warranty or guaranty, either express or implied by BIOFITNESS LAB. Prize elements are non-transferable, non-descendible, and have no cash value or equivalent. All taxes and other assessments resulting from the acceptance of the Prize, regardless of whether it, in whole or in part, is used, are the sole responsibility of the Winner and Winner may be subject to withholding tax. The Prize consists of only the items specifically listed as part of the Prize. In no event will BIOFITNESS LAB be obligated to award more than one (1) Prize. BIOFITNESS LAB reserves the right to substitute any prize element with a different item of equal or greater approximate retail value. Unclaimed prizes will not be awarded. Prize may not be awarded if, among other things, the Winner does not meet the eligibility requirements or the Prize is not properly claimed.
BY ACCEPTING THE PRIZE, WINNER AND GUEST ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN USE OF THE PRIZE, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
GENERAL RULES: By entering the Sweepstakes, Entrant accepts and agrees to these Official Rules and the decisions of BIOFITNESS LAB, which shall be final and binding in all matters, and Entrant represents to BIOFITNESS LAB that it is eligible to participate in the Sweepstakes and that all information it provides is and will be accurate. Entries become the sole property of the BIOFITNESS LAB. To the extent permitted by applicable law, acceptance of the Official Rules also constitutes permission to BIOFITNESS LAB to, and BIOFITNESS LAB reserves the right (but not the obligation) to use Entrant’s name and likeness in any and all media throughout the world in perpetuity without further notice or compensation to, or approval from, the Entrant.
Proof of submission is not proof of receipt of entry. BIOFITNESS LAB is not responsible for (1) incomplete, lost, late, damaged, illegible or misdirected entries, Prizes, notifications or other communications (including without limitation as a result of any e-mail filtering by an Entrant’s ISP, or e-mail provider, insufficient space in a user’s email account or errors or losses of any postal or delivery service); (2) technical problems (including without limitation malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof); (3) fraud; (4) typographical or other error in the printing or display of the Sweepstakes, including the Official Rules or Prize descriptions, administration of the Sweepstakes or announcement of the Prize or the Winner; or (5) any factor beyond BIOFITNESS LAB’s reasonable control that may impair the integrity, security, fairness, or proper functioning or administration of the Sweepstakes. As a result of any of the foregoing errors, failures or factors or for any other reason (including without limitation an unanticipated occurrence not fully addressed in these Official Rules) BIOFITNESS LAB reserves the right to cancel, modify, terminate or suspend the Sweepstakes, or any part thereof including the Entry Period and Official Rules, in a manner deemed
reasonable by BIOFITNESS LAB, at BIOFITNESS LAB’s sole discretion. Notice of any cancellation, modification, suspension or termination will be posted on the BIOFITNESS LAB website. In the event of any cancellation, modification, suspension, or termination BIOFITNESS LAB reserves the right (but not the obligation) to select a winner, in accordance with Section 4, from the eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, suspension or termination. BIOFITNESS LAB is not responsible for any damage to any Entrant’s computer system/software related to or resulting from participating in this Sweepstakes.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR TAMPER WITH THE BIOFITNESS LAB WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, BIOFITNESS LAB RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. BIOFITNESS LAB RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT THAT PROVIDES INCOMPLETE OR INACCURATE DETAILS, IS INELIGIBLE, DOES NOT FOLLOW ALL INSTRUCTIONS OF BIOFITNESS LAB, OR VIOLATES OR ACTING IN VIOLATION OF THESE OFFICIAL RULES OR IS DETERMINED TO BE TAMPERING OR MANIPULATING WITH THE ENTRY AND FUNCTIONING OF THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION BY ATTEMPTING TO OBTAIN ADDITIONALENTRIES, WHETHER THROUGH USE OF ROBOTIC, AUTOMATIC, PROGRAMMED, OR OTHER LIKE METHODS OF PARTICIPATION.
By entering the Sweepstakes, each Entrant hereby agrees (and agrees to confirm in writing), on behalf of himself/herself and his/her heirs and assigns, to the fullest extent permitted by law, to (1) release, discharge and hold harmless BIOFITNESS LAB and its respective affiliates and subsidiaries, and each of their respective officers, directors, employees and independent contractors (collectively, “Released Parties”) from and against any and all liability (including damages caused or claimed to be caused), loss, injury, illness, death, or litigation arising out of the Sweepstakes, participation in the Sweepstakes, and/or acceptance, possession, use or misuse of the Prize; and (2) indemnify the Released Parties from any and all liability arising out of the Sweepstakes. Each Entrant hereby acknowledges that, to the fullest extent permitted by law, the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties provided exclusively by prize suppliers that may be sent along with the Prize. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by this Sweepstakes, participation in this Sweepstakes and/or acceptance, possession, use or misuse of the Prize. Claims may not be resolved through any form of class action and shall be resolved individually. Entrant further agrees (x) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (y) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs; (z) Entrant's remedies are limited to a claim for money damages (if any) and Entrant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant. This Sweepstakes, the Official Rules, and any claims or disputes arising hereunder, will be governed by and construed in accordance with the laws of the State of California, without reference to its conflicts of laws principles. Entrant expressly agrees to submit to the exclusive jurisdiction and venue of the competent federal, state and local courts located in Los Angeles County, California. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The Sweepstakes, the BIOFITNESS LAB website, and all related pages, contents and code are copyright © 2017 W.D. Owens Investment Company, LLC. BIOFITNESS LAB’s name, designs, logos and slogans are trademarks or service marks and exclusive property of BIOFITNESS LAB. Copying or unauthorized use of any copyrighted material or trademarks without the express written consent of BIOFITNESS LAB is strictly prohibited.
WINNERS LIST: To receive the name of the Winner, send an email to firstname.lastname@example.org with the subject line: “The BIOFITNESS LAB Essentials Subscription Box Sweepstakes Winner” or send a self-addressed stamped envelope to WDO Investments, PO Box 69A05, West Hollywood, California 90069, Attn: BIOFITNESS LAB, The BIOFITNESS LAB Essentials Subscription Box Sweepstakes Winner. Requests must be received by October 31, 2017, 11:59:59PM Pacific Time. Information will not be provided until after the Entry Period and when the winner has been verified.