Contest Terms and Conditions
Introduction
This Contest Terms and Conditions (“Terms and Conditions”) shall govern the Contest (“Contest”) that is organised by Brotrition(“Company”), whose address is
Juicebar Nutrition, Inc. DBA Brotrition
PO BOX 2027
Garden City, NY 10531
Participants in this Contest will be further referred to as "Participants" or "Participant".
Participation in this Contest constitutes the Participants agreement and acceptance of these Terms and Conditions. All federal, state, local, municipal laws and regulations apply.
Contest Period - start and end date
Entries will be accepted online starting on November 15th, 2020 at 12:00am EST and ending atFebruary 15th, 2020 at11:59pm EST. Entries that are submitted before or after the Contest Period will be disqualified.
Eligibility
This Contest is open to individuals who have purchased any product from the Company for more than $100.
The Contest is only open to legal residents of the United States. The Contest is subject to all federal, state, local, municipal laws and regulations.
Entry rules
The Contest is entered by the following procedure.
The Participant posts the photo (“Photo”) on the "timeline" of the Participant's social network profile. The Photo must contain the Participant holding or otherwise presenting the Company's product previously ordered by the Participant. Along with the Photo, the participant must place the following tag: @Brotritionofficial.
Incomplete Photos that do not meet all the requirements of these Terms and Conditions will not be considered valid entry.
The Participant can post one or more Photos, depending on the number of products ordered and each ordered product must have a price higher than $100.
Original Content and Ownership
By participating in the Contest, each Participant guarantees that they are the exclusive owner of the copyright and all other proprietary rights in any and all materials and content submitted by the Participant to enter the Contest. The Participant further claims and guarantees that they have the right to grant to any third party the right to use, reproduce, distribute, perform and display all copyrights contained in the posted Photo. All entries must have appropriate clearances, permissions and releases prior to uploading, or may be eliminated from the Contest. The Company may use any posted Photo (submitted for the purposes of the Contest) on the Company's website and social network accounts or for marketing purposes.
Rights Granted by Contest Participants
By entering this Contest and sending the Photo the Participant understands and agrees that the Company and/or anyone acting on behalf of the Company has the right, where permitted by law, to use the content and personal information for any promotional purposes without limitation and without any further compensation, notice, review, or consent.
By entering the Contest, each entrant grants the Company a world-wide, perpetual, irrevocable, non-exclusive, transferable, royalty free and sub-licensable right and licence to use reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of their entry, without royalty, payment or other compensation. Each Entrant agrees not to assert any moral rights in relation to such use and warrants that they have full authority to grant such rights.
Disclaimer of Responsibility
The Company is not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of the Company.
The Participants are responsible for complying with the terms and conditions of the relevant social networks when posting Photos and the Company will under no circumstances be liable for violations of the social network rules by the Participants.
Prize
The winner of the Contest (hereinafter “Winner”) will receive the prize (“Prize”) which is as follows: one on one virtual training session withMike “The Situation” Sorrentino. The session will last a total 30 Minutes, and the Company will, in a timely manner, notify the Winner of the exact date and time of the session.
The Prize cannot be redeemed for cash or substituted for another prize, and is non-transferable.
The Prize is given with no written, express, or implied warranty.
In the event that the Winner for any reason is unable or unwilling to participate in the scheduled session, the Company has no obligation to organize a second session, which means that the Winner loses the right to the Prize.
Acceptance of the Prize gives the Company permission to use the Winner’s personal details and the content of the submitted post on social networks for advertising purposes without further compensation.
Winner Selection and Notification
The Winner will be selected by the judges (“Judges”) appointed by the Company. The Judges will select the Winner by evaluating all the Photos that have been posted and tagged in accordance with the above rules. When evaluating the Photos, the Judges will use the following criteria: originality, creativity, artistic achievement and humour. All criteria will be used equally and in the same percentage during the evaluation and selection of the best post.
The Winner will be informed about the Prize via a message on the social network that was used (or by other means of communication) no later than 7 days after the selection of the Winner.
The Company is not responsible if the Winner fails to receive the notice about the prize due to any security settings or provision of incorrect contact information. If the Winner fails to respond within a period of 3 days, the prize may be forfeited, and an alternate Winner may be selected based on the same previously mentioned rules.
General provisions
The Company reserves the right to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or any other cause affect the administration, security, fairness, or proper conduct of the Contest. If such case occurs, the Company may select the Winner from all eligible entries.
Any attempt by an entrant to deliberately damage the Winner selection process and the legitimate operation of the Contest may be a violation of criminal and civil laws.
By entering the Contest, Participant agree to release and hold harmless the Company and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from:
- such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof;
- technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, software, or other mechanical equipment;
- the unavailability or inaccessibility of any transmissions, telephone, or Internet service;
- unauthorized human intervention in any part of the entry process or the Contest;
- electronic or human error in the administration of the Contest or the processing of entries.
Governing Law
This Terms and Conditions shall be governed in all respects by the laws of the state of New York and any applicable federal law. The parties consent to jurisdiction under the state and federal courts within the state of New York. The parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
Severability
If any provision of this Terms and Conditions is held to be unenforceable, then this Terms and Conditions will be deemed amended to the extent necessary to render the otherwise unenforceable provision and the rest of the Terms and Conditions valid and enforceable. If a court declines to amend this Terms and Conditions as provided herein, the invalidity or unenforceability of any provision of this Terms and Conditions shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in this Terms and Conditions.
Miscellaneous provisions
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
The Company reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
You agree that if you are a Winner, you will take part in and cooperate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable.
The Company reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these Terms and Conditions.
If an act, omission, event or circumstance occurs which are beyond the reasonable control of the Company and which prevents the Company from complying with these Terms and Conditions the Company will not be liable for any failure to perform or delay in performing its obligation.
The Company accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or prize. The Company or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of the Company or its agencies.
Privacy Policy
Information submitted by entry is subject to the Company's Privacy Policy. By accepting these Terms and Conditions, the Participants also accept the Company's Privacy Policy which can be found at the following link: Privacy Policy.