“Search for the Ultimate BodyTech Athlete Contest”
1. ELIGIBILITY: The Vitamin Shoppe® “#Search for the Ultimate BodyTech Athlete Contest” (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older as of the date of entry. Employees of Vitamin Shoppe Industries Inc. (“Sponsor”), its subsidiaries, affiliates, distributors, and advertising, promotion and internet agencies, and their immediate family and household members, are not eligible. Void where prohibited by law. No purchase or payment of any kind is necessary to enter or win this Contest and a purchase will not improve one’s chances of winning.
2. HOW TO ENTER: The entry period for the Contest begins at 12:00 a.m. Eastern Time (ET) on January 28, 2019 and ends at 11:59 p.m. ET on February 17, 2019 (the “Entry Period”). To enter during the Entry Period, contestants must post a video (no longer than 60 seconds) on Instagram explaining why they should be BodyTech’s ultimate athlete. Contestants must tag “@vitaminshoppe” and use the hashtag “#BodyTechSearch” in the caption of their video. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Contest. Normal time rates, if any, charged by Internet service provider will apply. There is no limit of entries for the duration of the Contest. By participating in this Contest each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
3. WINNER SELECTION AND NOTIFICATION: On February 18, 2019, Sponsor will select three entries as semi-finalists. Entries will be evaluated based on the following “Criteria”: (1) creativity and originality—considering the representation of the contest theme: why Contestant should be BodyTech’s ultimate athlete; (ii) physical fitness; and (iii) strength of Contestant’s Instagram following. Sponsor will display the semi-finalist entries at www.vitaminshoppe.com/bodytechsearch from February 18, 2019 through February 24, 2019 and will encourage Sponsor’s Facebook, Twitter and Instagram followers, as well as email subscribers, to vote for their favorite entry. Sponsor will consider the feedback of its social media followers when making the final selection. Sponsor will select the winner on March 13, 2019. The odds of winning will depend on the number of eligible entries received. The winner will be announced on Instagram and Sponsor will attempt to contact her or him via Instagram. If any attempted notification fails, or if the potential winner fails to execute the required Talent Agreement (defined below) within the time period specified by Sponsor, the potential winner may be disqualified
4. PRIZE: The winner will be offered an opportunity to enter into a binding legal agreement with Sponsor (the “Talent Agreement”) to provide certain social media and traditional media services to Sponsor in exchange for $15,000 gross compensation. The specific terms and conditions offered in the Talent Agreement will be determined by Sponsor in its discretion. If the winner fails to execute the Talent Agreement within the time period specified by Sponsor, he or she may be disqualified. If the winner fails to abide by the terms and conditions set forth in the Talent Agreement, Sponsor will have the right to terminate the Talent Agreement and the winner will not be entitled to any compensation.
5. GRANT OF RIGHTS: By entering, each entrant grants permission to the Sponsor and its parent company, affiliates, subsidiaries, agents and licensees to use the entrant’s name, biographical information and likeness for purposes of advertising and trade and other commercial purposes, without further notice or compensation, unless prohibited by law.
6. RELEASE AND LIMITATION OF LIABILITY: By entering, each entrant releases and agrees to hold Sponsor, its parent company, affiliates, subsidiaries, distributors, successors and agents, Instagram, and the directors, officers, employees and assigns of each of the foregoing, harmless from and against any and all claims and liability arising out of the entrant’s participation in the Contest, the operation of the Contest, the acceptance or use of a prize or the use of the entrant’s name, biographical information and/or likeness as permitted hereunder, including without limitation any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, misappropriation or violation of any other personal or proprietary right. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In no event will more than the stated number of prizes be awarded.
7. GENERAL RULES: Sponsor reserves the right to modify these Official Rules or to modify, suspend or terminate the Contest at any time in its discretion. Sponsor is not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Contest. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Site or the Contest by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. . CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest or if for any other reason Sponsor is not able to conduct the Contest as planned (including without limitation in the event the operation of the Contest is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Contest, a notice will be posted and a random drawing to award the prizes will be conducted from among all eligible entries received prior to the time of termination. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Contest, entrants agree to be bound by the Official Rules and the decisions of Sponsor and the judges, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
8. DISPUTES: By entering the Contest, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of New York, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Contest. In the event of any conflict between these Official Rules and any Contest information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
10. WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, (available after March 3, 2019, or a copy of these Official Rules, send a self-addressed, stamped envelope to The Vitamin Shoppe “#Search for the Ultimate BodyTech Athlete Contest” 300 Harmon Meadows Blvd, 5th Floor, Secaucus, NJ 07094. Vermont residents may omit return postage.
11. SPONSOR: Vitamin Shoppe Industries Inc., 300 Harmon Meadow Blvd, Suite 500, Secaucus, NJ 07094. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. All information provided in connection with the Contest is provided to Sponsor and not to Instagram.
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