Herbalife Nutrition LDW/FSL Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Herbalife Nutrition LDW/FSL Contest (the “Promotion”) is open only to all North America Herbalife Nutrition Independent Distributors who are at least eighteen (18) years old at the time of entry. Void where prohibited by law. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Herbalife Nutrition, 800 West Olympic Blvd., Suite 406, Los Angeles, CA 90015. This promotion is not sponsored or administered by Instagram, Inc.
3. Promotion Period
The Promotion Period is from April 23rd, 2021 at 12:01 a.m. PST to April 25th, 2021 at 11:59 a.m. PST (the “Promotion Period”).
4. How to Enter
To enter you must have a valid Instagram account. If you do not have an Instagram account, visit Instagram.com and register in accordance with the enrolment instructions for a free Instagram account. To enter you must follow @herbalifeusa. Then during the Promotion Period, you must: (1) tag @herbalifeusa using one of the LDW/FSL filters [located at: https://www.instagram.com/herbalifeusa/]; (2) a fellow North America Herbalife Independent Distributor in the comments section; and (3) be one of the first 20 North America Independent Distributors to correctly answer the three (3) trivia questions being asked in the Herbalife Nutrition story located @herbalifeusa. The time of receipt of any valid Instagram entry shall be the time such valid entry becomes available to Sponsor on Instagram.com. Sponsor’s computer shall be the official clock for the Promotion. Limit one entry per person during the Promotion Period. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries.
5. Winner Selection
On April 25, 2021, Sponsor or an independent judging agency will determine the first twenty people who correctly answered the questions. These twenty people will be the potential winners and, subject to verification, will win the prizes stated below in section 8. Sponsor’s decisions as to the administration and operation of the Promotion and the selection of the potential winners is final and binding in all matters related to the Promotion.
6. THE POTENTIAL PROMOTION WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. Verification of Potential Winners
The potential prize winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Winners will be notified via Direct Message to the potential Winner’s Instagram account provided at the time of entry (the “Prize Notification”). Winners do not need to be present to win. In the event that any potential Winner does not respond to any such Prize Notification within twenty-four (24) hours of the time of issuance or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential Winner may be selected from among all remaining eligible entries. Each potential Winner may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity, within twenty-four (24) hours of the time of issuance. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of any Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential Winner to be randomly selected from among all remaining eligible entries.
Twenty (20) Prizes will be awarded. Each Prize winner will receive two (2) Herbalife Nutrition Prize packs consisting of: [Gym tote bag, gym towel, yoga mat, and Enrichual shirt]. The approximate retail value (“ARV”) of each Prize is [Gym tote bag = $20, gym towel =$10, yoga mat = $25, Enrichual shirt = $20]. The total ARV of all Prizes combined is [$75. No cash equivalent for the Prize, Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed Prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
9. Entry Conditions and Release
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor, Herbalife Nutrition and its parent, subsidiaries, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of prize.
Except where prohibited, participation in the Promotion constitutes winners’ consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. 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 Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of Entries; or (e) any 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 Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Promotion. No more than the stated number of prizes will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved exclusively in California State Court in Los Angeles County, California or in Federal Court in the U.S. District Court for the Central District of California; (c) the court shall apply the law of the State of California without giving effect to any choice of law or conflict of law rules, in adjudicating any such claim/dispute/cause of action, as well as all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion; (d) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (e) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. Official Rules/Winner List:
To receive any legally required winners list or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: [Michael Marchione] at [950 W 190th St,
Torrance, CA 90502. The Winner List will be available for three (3) months after the end of the Promotion Period and Rules available from [April 24th, 2021 through May 1, 2021].