BioHealth Nutrition x Four Athletics Sweepstakes Official Rules
BioHealth Nutrition x Four Athletics Sweepstakes
To enter this Sweepstakes, you must agree to and abide by these official rules (“Official Rules”).
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE ONE’S CHANCES OF WINNING. VOID IN PUERTO RICO, OTHER U.S. TERRITORIES AND FOREIGN TERRITORIES AND WHERE PROHIBITED BY LAW.
PLEASE SEE SECTION 5 BELOW FOR HOW TO ENTER WITHOUT SIGNING UP VIA EMAIL for BioHealth Nutrition x Four Athletics Sweepstakes
- SPONSOR: BioHealth Nutrition (“Sponsor”), 949 North Cataract Ave, Suite D San Dimas, California 91773, USA, is solely responsible for all aspects of this Sweepstakes. The Sweepstakes is designed to advertise and promote Sponsor’s business activities and is not gambling.
- ADMINSTRATOR: BioHealth Nutrition ("Administrator"), 949 North Cataract Ave, Suite D San Dimas, California 91773, USA
- ELIGIBILITY: The BioHealth Nutrition x Four Athletics Sweepstakes (the “Sweepstakes”) is open only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and other United States territories and foreign territories) who are at least eighteen (18) years of age (or age of majority in their jurisdiction of residence, whichever is older). Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for Sponsor, Administrator, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and/or their respective parent, subsidiary, affiliated and successor companies, are not eligible to participate in the Sweepstakes or win the prize.
- SWEEPSTAKES SCHEDULE: Registration for the Sweepstakes begins on Saturday November 5, 2022 at 12:00 am) Pacific Time (“PT”) and ends on Friday, November 11th, 2022 at 11:59 pm PT (the “Entry Period”). For purposes of these Official Rules, all times are ET. Sponsor’s computer is the official clock for this Sweepstakes. Limit one (1) entry per person during the Entry Period, regardless of Entry Method.
- SWEEPSTAKES ENTRY:
There are two (2) ways to enter the Sweepstakes: (1) via signing up via the sign up page at https://biohnutrition.com/pages/fall-sweeps-bhxfa; and (2) via Mail-in Entry Without Subscribing to BioHealth Nutrition & Four Athletics.
(A) Entry via signing up via the sign up page at https://biohnutrition.com/pages/fall-sweeps-bhxfa. Email must be entered within the sign up form by November 11th, 2022 at 11:59 p.m. PT:
Normal internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor/Administrator of a change in your e-mail address.
(B) Entry via Mail-in Entry without subscribing to Biohealth Nutrition and Four Athletics:
To enter: on a 3”x5” card, handprint your name, mailing address (with zip code), email address (if any), and daytime phone number and mail in a business size (#10) envelope to: BioHealth Nutrition Sweepstakes Entry, 949 North Cataract Avenue, Suite D. San Dimas, Ca, 91773.
Mail-in Entries must be postmarked by November 11th, 2022 and received by November 16, 2022 at 11:59 p.m. PT. No copies, stamped or mechanical reproductions of mail-in entries will be accepted. Mail-in entries become Sponsor’s property and will not be returned. Sponsor and Administrator are not responsible for postage due mail.
Limit of one (1) Entry per person during the ENTRY Period, regardless of entry method. You may submit a total of one (1) entry into this Sweepstakes, regardless of how you enter.
Multiple entries in violation of the preceding limit and/or mass entry attempts will result in disqualification of all entries by such person and perhaps legal and/or other sanctions. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. By entering this Sweepstakes, entrants agree to these Official Rules and the decisions of the Sponsor/Administrator, which are binding and final in all matters relating to this Sweepstakes. If you are a Member but are not eligible for the Promotion as per Section 3 above (including persons who are under 18 or the legal age of majority in their jurisdiction of residence; persons who are legal residents of Puerto Rico [and other United States territories and foreign territories]) or otherwise ineligible pursuant to Section 3 above, you may register for and take part in the Promotion “just for fun” (i.e., for entertainment purposes) but you cannot win the prize.
PRIZE WINNER DETERMINATION; NOTIFICATION; ODDS:Potential Grand Prize winner will be selected via a random drawing. Grand Prize drawing will occur on or about November 17th, 2022. The drawing will be conducted by Administrator.
Odds of winning depend on the total number of eligible entries received for the applicable drawing.
Potential Grand Prize winner will be notified via e-mail (except if potential winner entered by mail and did not include an e-mail address on his/her 3” x 5” card, in which case such potential winner will be notified via phone and/or U.S. postal mail in the sole discretion of Sponsor/Administrator). Failure to respond to such notification within forty-eight (48) hours after notification or return of e-mail as undeliverable after two (2) attempts will result in disqualification. Potential Grand Prize winner will be required to sign and return, within five (5) business days of notification, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification, and Publicity Release, are not returned to Sponsor within the specified time period, the potential Grand Prize winner may be disqualified. If potential Grand Prize winner is disqualified for any reason, the prize will be forfeited without compensation of any kind and an alternate potential winner will be selected from all eligible entries for the applicable drawing.
APPROXIMATE VALUE: TWO (2) WINNERS: EACH (1) WINNER shall receive 1 Four Athletics leggings & 1sports bra valued at $124.99 and 1 2lb Holiday Cookie Precision ISO protein valued at $69.99 & 1 Unflavored Hydrolyzed Collagen valued at $34.99.
No assignment or transfer of prize permitted, except at Sponsor’s sole discretion. WINNER IS SOLELY RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE GRAND PRIZE.
CONDITIONS AND LIMITATIONS OF LIABILITY: By participating in this Sweepstakes, entrants agree to release and hold harmless the Sweepstakes Entities, as well as each of their respective officers, directors, employees, agents and representatives and each of their respective successors, representatives and assigns, as well as Facebook, Inc., and Twitter, Inc. (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes or any Sweepstakes-related activity or travel, and/or acceptance, receipt, possession or use/misuse of Grand Prize. By entering, entrants also authorize the Sponsor, and their designees to use their name, voice, likeness, photograph, Grand Prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional material or on a Winner’s List (if applicable) without compensation to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without obligation or compensation. All federal, state and local laws and regulations apply. All entries become the property of the Sponsor.
Sponsor and their agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind affecting the Sweepstakes in any manner, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (including entries or otherwise), Sponsor reserves the right, in its sole discretion, to disqualify any individual, whether or not the individual is a participant in the Sweepstakes, who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor shall conduct the Sweepstakes and award the prize in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on Website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry or participation to be received on account of technical problems or traffic congestion on the Internet or at any website/platform, or any combination thereof, including any injury or damage to any person’s computer/mobile device related to or resulting from participation in or downloading any materials from this Sweepstakes. Failure of Sponsor and/or Administrator to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
Persons entering the Sweepstakes further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE, WEBSITE OR PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PERSON, WHETHER OR NOT THE INDIVIDUAL IS A PARTICIPANT IN THE SWEEPSTAKES, MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
DISPUTES; ARBITRATION/CHOICE OF LAW: Except where prohibited, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the awarding of Prize and determination of Winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, Entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to Entrant under applicable federal, state or local law remain available to Entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) 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 and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the Entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the Entrant’s residence and the Entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between Entrant and Sponsor. Should an Entrant initiate arbitration pursuant to this section, the Entrant shall be responsible for JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If Entrant is a California (USA) resident and Sponsor is the prevailing party in such arbitration, such Entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon Entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York (USA), without regard for conflicts of law doctrine of New York or any other jurisdiction.
- WINNER LIST/OFFICIAL RULES: For the Official Rules and name of the Grand Prize winner, mail a self-addressed, stamped envelope to: BioHealth Nutrition x Four Athletics Sweepstakes 949 North Cataract Ave, Suite D San Dimas, California 91773. All such requests must be received by November 30, 2022.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or Twitter.