PROFILE SANFORD® (“Profile”) AT HOME CHALLANGE (the “CHALLANGE”) OFFICIAL RULES
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR TO WIN
VOID IN RHODE ISLAND AND WHERE PROHIBITED BY LAW.
1. Who May Enter. The Challenge is open to Profile members who meet all of the following eligibility criteria (each, an “Entrant”): 1) must be a Profile member as of the day of entry; 2) must be a lawful resident of the U.S.; 3) must have obtained the age of majority in their home state by April 30, 2020; and 4) must be physically located in the U.S. at the time of entry. In addition to those Entrants who do not meet the eligibility criteria, the following individuals are not eligible to participate in the Challenge and will not qualify as Entrants: 1) employees of Sanford Frontiers, Profile Development, LLC, Profile Products, LLC, Profile Franchising, LLC, or employees or owners of Profile Franchising, LLC’s franchisees; and 2) any individual that is a paid promotor, endorser, recruiter, consultant, or other contractor of Profile; and 3) not available to residents of Rhode Island. The Challenge is void in Rhode Island, where prohibited by law and only valid at participating Profile locations.
2. How to Enter. The Challenge runs from April 1, 2020 at 12:00 A.M. Central Time (“CT”), to April 30, 2020, at 11:59 P.M. CT (the “Challenge Period”). During the Challenge Period, Entrants enter the Challenge by completing a Bingo (five squares in a row) and/or a Blackout (all squares). Once a Bingo and/or a Blackout is achieved, the Entrant enters their name, home address and email address on the Profile Facebook page at the designated location (each, a “Standard Entry”). Entrants are limited to a maximum of two Standard Entries during the Challenge Period, one Standard Entry for a Bingo and one Standard Entry for a Blackout. Entrants may also enter by legibly hand-printing the following information on a standard sized postcard or on a piece of paper: First Name, Last Name, Complete Home Address (no P.O. Boxes), Date of Birth, and valid Email Address (“Mail Entry Information”) and send in a self-addressed standard size #10 envelope with proper postage affixed to: Profile by Sanford At Home Challenge, Profile By Sanford, Mail Route 5725, PO Box 5039, Sioux Falls, SD 57117-5039 (“Mail Entry”). Mail Entries must be postmarked by April 30, 2020, and received by May 7, 2020. No copies, facsimiles, or reproductions of Mail Entries will be accepted. ENTRANTS WHO DO NOT USE THE STANDARD ENTRY METHOD BUT WISH TO ENTER THE CHALLENGE MAY USE THE MAIL ENTRY PROCESS TO ENTER TWICE DURING THE CHALLENGE PERIOD. Any attempted form of entry other than as described herein is void. Proof of submitting a Standard Entry or Mail Entry (collectively “Entry/ies”) will not be deemed by Profile as proof of receipt or entry into the Challenge. Limit two ENTRIES per eligible participant throughout the Challenge Period. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s Entries and that Entrant may be disqualified. Profile reserves the right to disqualify any Entries for any violation of these Official Rules in Profile’s sole and absolute discretion. Final eligibility for the award of any prize is subject to eligibility verification and other conditions and requirements, as set forth below. Mail Entries will be automatically opted-in to receive future Profile promotional e-mails. If, at any time, Entrant no longer wishes to receive promotional e-mails from Profile, please opt-out through the opt-out procedures in the Profile promotional email.
3. Agreement to Official Rules. By participating in the Challenge, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Profile, which are final and binding in all matters related to the Challenge. Winning any prize is contingent on fulfilling all requirements set forth herein.
4. Odds of Winning. The actual odds of winning will depend on the actual number of Entries received.
5. Winner Selection. On May 8, 2020, four Entrants (the “Potential Winners”) will be drawn randomly and will win a Prize (defined below), then one (the “Potential Winner”) will be drawn randomly from the remaining entries and will win the Grand Prize (defined below). Potential Winners will be notified via email by Profile at the email submitted to Profile. Potential Winners will have three (3) business days to respond to the email notification. The Prizes (defined below) may not be awarded and an alternate Potential Winner for a prize may be selected, at Profile’s sole discretion, from among the other Entrants in the event: (a) a Potential Winner cannot be reached by Profile for whatever reason after three (3) business days; (b) a Potential Winner’s noncompliance with the Official Rules; (c) a Potential Winner is found to be ineligible or disqualified to enter the Challenge or receive a Prize; (d) the Prize notification email is returned as undeliverable; (e) a Potential Winner’s Prize notification or Affidavit/Release (defined below) is returned as undeliverable for whatever reason, then such Potential Winner shall be disqualified for the Challenge and an alternate Potential Winner may be selected, at Profile’s sole discretion, from among the other eligible Entrants. Each Potential Winner may be required to sign, execute, have notarized and return an original unmodified Affidavit of Eligibility, a Liability Release (where legal), a Publicity Release and any other documentation that Profile requires (collectively “Affidavit/Release”) within five (5) business days after receipt by each Potential Winner or may be disqualified and an alternate Potential Winners for the Prize may be selected. By returning the completed Affidavit/Release, Potential Winners attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules.
6. Prizes/Approximate Retail Value (ARV). Each of the four winners of the Challenge will receive an Instapot (each with an ARV $65), and one of the four winners will be the Grand prize winner and will receive (in addition to an Instapot) $480 in Sanford by Profile food and beverage products (ARV $480) (collectively, the “Prizes” and the grand prize, the “Grand Prize”). THE PRIZES DO NOT INCLUDE ANY OTHER PROFILE FOOD OR BEVERAGE PRODUCTS, MERCHANDISE, ACCESSORIES, OR OTHER ITEMS SOLD BY PROFILE. Once the winners have been verified and completed all necessary conditions to receive the Prizes as contained herein, Profile will deliver the Prize in accordance with the winner’s Profile weight-management plan, with Profile’s Terms of Service Agreement, and the winner’s weight-management coaching strategy. Each winner is responsible for all taxes, costs, and fees associated with each Prize or each winner’s participation in the Challenge, including without limitation federal or state income taxes. No cash equivalent for each Prize will be available unless otherwise specified in Profile’s sole and absolute discretion. Each Prize is not transferrable. If required, each winner will be issued an IRS Form 1099 from Profile or Profile’s designee for the total ARV of the Prize (as stated herein) in calendar year 2020, and each Prize will be considered fully delivered and received as of the date each Prize is won. Profile is not the guarantor of any Prize.
7. Assumption of Risk, Waiver of Liability and Indemnification. Entrant acknowledges that there are risks associated with Entrant’s participation in the Challenge and Entrant agrees that the terms of Entrant’s Profile Membership apply to Entrant’s participation, including but not limited to the Assumption of Risk, Release of Liability and Indemnification provisions. By entering into the Challenge, each Entrant agrees to follow these Official Rules and to release, discharge and hold harmless Profile, its parents, its affiliates, subsidiaries, and franchisees, and each of their present and future officers, directors, trustees, owners, agents, employees and representatives of each of them (collectively, the “Challenge Entities”), from any and all responsibility of liability whatsoever for any property loss, damage, personal injury or death, in connection with the Prize and/or Entrant’s participation in the Challenge.
8. General Conditions. Challenge is subject to these Official Rules, the applicable terms and conditions of Facebook, and all federal, state and local laws and regulations (collectively “Rules and Laws”). Profile is not responsible for printing or typographical errors in any Challenge-related material or advertisements. If by reason of a printing or other error, more prizes are claimed than the number set forth in the Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category question. No more than the advertised number of prizes will be awarded. By entering the Challenge, Entrants agree and acknowledge: (a) to be bound by the these Rules and Laws, as well as the decisions of Profile which are final and binding in all respects; (b) to waive any rights to claim ambiguity with these Rules and Laws and the Official Rules; (c) to release all rights to bring any claim, action or proceeding against the Challenge Entities; (d) to permitProfile Franchising, LLC, and its parents, affiliates, subsidiaries, and franchisees’ use of their name, photograph and/or likeness, video recording, voice and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including without limitation print, broadcast and internet), for all legitimate business purposes including advertising and promotional activities without additional compensation, unless prohibited by law; and (e) to permit Profile to modify, edit, adapt, electronically alter, use, assign and/or dispose of photographs and/or likeness, video recording, voice or statements, however Profile sees fit and for any legitimate business purpose without any notice or compensation to Entrant or any third parties. Once the winner(s) accept their prize and become a Profile Member, the member will be governed by Profile’s standard terms of service as outlined above.
9. Disclaimers. Challenge Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, mechanically duplicated and mass machine printed, postage-due, mutilated, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Challenge, Entrants agree and acknowledge that the Challenge Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Challenge; human error; incorrect or inaccurate transcription of Entry Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; typographical errors in Challenge promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by the Challenge; interruption or inability to access the Challenge, the Profile Website, or any online service via the internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third party’s) computer/mobile device and/or its contents related to or resulting from any part of this Challenge even if caused by the negligence of one of the Challenge Entities. The failure of Challenge Entities to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Challenge Entities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
10. Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of members and Profile in connection with the Challenge or each Prize, shall be governed by, and constructed in accordance with, the substantive laws of the State of South Dakota, without regard to conflict of law principals. Any controversy or claim arising out of or relating to these Official Rules, its enforcement, or interpretation shall be submitted to state or federal court in Minnehaha County, South Dakota. Entrant consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens. Should any term of these Official Rules be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
11. Sponsor. The Sponsor of the Challenge is Profile Development, LLC. These Official Rules constitute a binding agreement between each Entrant and Profile Development, LLC. The terms and provisions of these Official Rules are intended solely for the benefit of each party hereto, and it is not the intention of the parties to confer third-party beneficiary rights upon any other person.
12. Winner and Opt Out. If an Entrant wishes to have an additional copy of the Official Rules, mail a stamped self-addressed envelope to Profile by Sanford At Home Challenge, Profile By Sanford, Mail Route 5725, PO Box 5039, Sioux Falls, SD 57117-5039. Requests must be received by May 15, 2020. Entrants who wish to opt out of the Challenge may do so by contacting Profile at the address listed in this paragraph.