Kaged Muscle Plantein Selfie Promotional Giveaway (the “Sweepstakes”)
Official Sweepstakes Rules (the “Sweepstakes Rules”)
NO PURCHASE NECESSARY TO ENTER. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Void Where Prohibited By Law
SPONSOR AND OVERVIEW: This Sweepstakes is sponsored by Kaged Muscle, 101 Main Street STE 360, Huntington Beach, CA 92648 (“Kaged Muscle” or “Sponsor”). The Sweepstakes starts on January 25, 2021 at 12:00:01 AM Pacific Time (“PT”) and closes on February 21, 2021 at 11:59:59 PM PT (the “Sweepstakes Period”). Selected Entrant will be contacted within 5 business days following the close of sweepstakes. The potential winner shall receive an email sent to the email address first provided when submitting the entry from Kaged Muscle, informing the Entrant that he or she has won the Grand Prize and instructing the potential winner to follow instructions on how to claim the prize. Time is of the essence in awarding the prize. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
ELIGIBILITY: This Sweepstakes is open to all natural persons who meet the below requirements and enter in accordance with Paragraph 3 of these Sweepstakes Rules (“Entrant(s)”). To enter and be eligible to win a prize, an Entrant:
By entering the Sweepstakes, Entrants agree to abide by these Sweepstakes Rules and the decisions of Sponsor which are final.
HOW TO ENTER. NO PURCHASE NECESSARY: To enter, a person (hereinafter, “you” or the “Entrant”) must (i) take a selfie photo of themselves with a bottle of Plantein within a Vitamin Shoppe store and (ii) sign-up for the Promotion by (iii) uploading the image and (iv) entering a valid email address. Entering (v) a valid phone number is optional, but doing so will earn the Entrant one (1) additional entry. Entrant will also receive one (1) additional entry in the Promotion by (vi) entering their Instagram username and (vii) posting the photo of themselves posing with Plantein at Vitamin Shoppe to their Instagram feed and using both #planteinpower and #KMSweepstakes hashtags and tagging @kagedmusclesupps. All Submissions must be provided by February 21, 2021, at 11:59 PM PT. Entries will not be acknowledged or returned. This is an online only sweepstakes.
PRIZES: There are two (2) Grand Prizes, described below. Sponsor will award the Grand Prizes to two (2) Entrants. The odds of winning a prize depend on the number of eligible Entrants.
GRAND PRIZE: Each consists of: (1) return trip for Entrant to Huntington Beach, CA OR Boise, ID USA, at sponsor’s discretion, including standard economy airfare, three (3) nights hotel accommodation; and (5) one (1) in-person training session with Kris Gethin. See additional details regarding travel, below. Approximate value of Grand Prize is USD $1,000.00.
Prizes must be accepted as awarded and no substitutions, transfers, conversions or assignments of a prize will be allowed. Sponsor reserves the right, however, in its sole discretion, to substitute a prize with a similar prize of equal or greater dollar value for any reason whatsoever. Sponsor, in its sole and unfettered discretion, shall determine the authorized prize supplier(s). Prizes are non-refundable, non-negotiable, non-transferable, cannot be redeemed for cash or equivalent dollar value. Prizes will not be replaced if lost or stolen. Sponsor will not be responsible if weather conditions, event cancellations, or other factors beyond Sponsor’s reasonable control prevent a prize or part of a prize from being fulfilled. In any such event, a winner will not be provided with a substitute prize or cash equivalent.
GRAND PRIZE TRAVEL: Travel must occur in accordance with any terms, conditions and restrictions imposed by the tour operator and prize supplier(s), which may be subject to changes. Without limiting the generality of the foregoing, travel is to be booked through the authorized tour operator, subject to availability and black-out dates, up to the maximum prize value for travel and accommodation. Winner must travel on date(s) chosen with the Tour Operator and be free from any restrictions, including legal restrictions, which would prevent him/her from participating in the prize in any way. In such an event, winner will be solely responsible for any and all costs incurred, and the prize will be forfeited. If winner cannot, for whatever reason, avail him-/herself of the prize (or portion of the prize), he/she shall not be entitled to the prize (or portion of the prize), or any compensation, monetary or otherwise. Travel must be booked and completed prior to August 31, 2022. This condition applies to all products/services the Tour Operator is responsible for with regards to this Contest. To benefit from the prize, travel must be reserved and be redeemed with the assistance of, and through the Tour Operator only. Any arrangements made by winner on his/her own are not the responsibility of Sponsor, or Tour Operator, and will not be considered as part of the prize. Any direct bookings will not be reimbursed. Winner must contact the Tour Operator at least ninety (90) days prior to the desired date of departure. Changes to the booking are permitted at winner’s sole expense. All travel documents that may be required (visa, passport, etc.) are winner’s sole responsibility and must be obtained prior to departure.
Winner is responsible for all incidental expenses incurred for the purpose of taking the trip, or incurred during the trip using any payment method, including, but not limited to, any ground transportation, airport improvement fees, travel insurance, trip cancellation insurance, meals, tips, all taxes, including departure taxes, fees and surcharges, baggage and excess baggage fees, costs associated with obtaining travel documents, required visas and/or necessary vaccinations, or items of a personal nature.
Sponsor will not, in any way whatsoever, engage nor have any involvement in the booking, arrangement or reservation of any travel services in relation with the prize, including but not limited to the reservation of any lodging accommodation or transportation services. The present Contest shall not be interpreted as an offer from Sponsor to perform any of the above-mentioned operations, or to issue vouchers for said operations. Sponsor will not be responsible if weather conditions, event cancellations, or other factors beyond Sponsor’s reasonable control prevent a prize or part of a prize from being fulfilled. In any such event, winner will not be provided with a substitute prize or cash equivalent.
NO WARRANTY: The Sponsor has neither made, nor is in any manner responsible for, any warranty or guarantee relative to the prizes, including, but not limited to, quality, mechanical condition, or fitness for a particular purpose. The only warranty applicable to any prize is the manufacturer’s or prize supplier’s warranty.
DISQUALIFICATION: Sponsor reserves the right in its sole discretion to disqualify at any time, any Entrant or winner from participating in the Sweepstakes and any future Sweepstakes or other promotion conducted by Sponsor, for any reason, including, but not limited to, that it finds or believes that person to be violating these Sweepstakes Rules or tampering with or abusing any aspect of this Sweepstakes or the operation of the Website or any other Sponsor-hosted website, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
If an Entrant is disqualified, he/she forfeits the chance to win a prize. Should a winner make any false statement(s) to Sponsor, or is otherwise found to have engaged in conduct contrary to these Rules, said winner may be required to promptly return to Sponsor his/her prize or remit the full value thereof to Sponsor, at Sponsor’s sole discretion.
TAXES: Liability for any applicable taxes imposed by any federal, provincial/state and/or local government, on any prize won, is the sole responsibility of winner.
RELEASES: Before being declared official winner(s), selected Entrant(s) will be required to sign a Declaration of Compliance with Contest Rules and Publicity and Liability Release (“Declaration and Release”), thereby confirming compliance with the Contest Rules and acceptance of a prize as awarded, and releasing Sponsor, and its parent and affiliated companies, subsidiaries, advertising or promotional agencies, and each of their respective directors, officers, shareholders, owners, partners, employees, retailers, agents, servants, representatives, successors and assigns (collectively the “Releasees”), from any actions, causes of action, suits, debts, claims, demands and liability whatsoever in connection with this Contest, any prize, the acceptance and/or use of any prize, or arising out of Entrant’s participation in this Contest. The Declaration & Release document will also include an Assignment whereby selected Entrant: (a) irrevocably assigns and grants, on behalf of the Entrant, him- or herself and his/her heirs, executors, administrators, successors and assigns, to Sponsor the exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide right, title and interest in and to the Entry, including without limitation all copyright, and the right to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize, trade-mark, copyright and or otherwise use without limitation, all or any part of the Entry in any manner and media whether now known or hereafter devised including, without limitation, on the Website, product packaging, and any other Sponsor website or social media platform including but not limited to Facebook and Instagram, whether in association with his/her name or otherwise; and (b) waives any and all moral rights that he or she may have in and to the Entry.
PUBLICITY, USE OF REGISTRATION INFORMATION: By entering the Sweepstakes, each Entrant consents to the use of his/her personal information for the purposes of administering the Sweepstakes and awarding the prizes. By accepting a prize, a winner consents to the use and publication of his/her name, address (city and State), voice, statement and photograph or other likeness, without further compensation, in any promotion, publicity or advertisement carried out by or on behalf of Sponsor in connection with the Sweepstakes, in any manner whatsoever including but not limited to print, broadcast or on the Internet.
DISCLAIMERS AS TO ENTRIES: Entries are subject to verification and will be declared invalid if they are illegible, incomplete, mechanically reproduced, mutilated, forged, falsified, altered, or tampered with in any way. Without limiting the generality of the foregoing, Releasees are not responsible for any such Entries or for lost, late, stolen, misdirected, incomplete, damaged, destroyed or non-delivered submissions and/or Entries or other errors of any kind in connection with this Sweepstakes, such as but not limited to any human error or technical or technological error or issue that might prevent the Sponsor from generating or awarding the Entries. The Releasees will not be liable for any prejudice, damages or inconvenience suffered by anyone, namely the Entrants and winners, in connection with their entry in, their exclusion or disqualification from the Sweepstakes or in connection with the award or use of the Prizes. Any use of automated devices is prohibited. In the event of a dispute regarding eligibility, the submission of an entry, exclusion or disqualification, all decisions of the Sponsor shall be final.
FURTHER DISCLAIMERS: Without limiting the scope of any other provision of these Sweepstakes Rules, namely that of the release provided in Releases section above, and for greater certainty, Releasees will not be held liable for: a) any incomplete or inaccurate information, whether caused by Entrants or by any equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entries; b) the theft, destruction or unauthorized access to, or alteration of, Entries or the Sweepstakes equipment; c) any problems with, or technical malfunctions of, telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs, including interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entries or other information or the failure to capture, or loss of, any such information; d) any failure of any e-mail to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or at any website or combination thereof; or e) damage to an Entrant’s or other person’s system or device occasioned by participation or downloading of materials in this Sweepstakes.
SECURITY: In the event any portion of this Sweepstakes is compromised in any way, by virus, bugs, non-authorized human intervention or any other causes beyond the control of Sponsor, which in Sponsor’s opinion prevents the Sweepstakes from running as planned, or should any error or other event result in more than the stated number of prizes of any category being claimed,then Sponsor reserves the right, in its sole discretion and subject to applicable law, to amend, cancel, suspend or terminate the Sweepstakes at any time. In such event, Sponsor reserves the right to randomly select winner(s) and award any remaining prizes, from all eligible Entries received during the Sweepstakes Period up to the point of early termination, the award of which shall be in accordance with these Sweepstakes Rules, but subject to the necessary adaptations due to the circumstances. In no event will more prizes be awarded than as provided in these Sweepstakes Rules.
DATA PROTECTION NOTICE: Entrants’ and winners’ personal information is protected by Sponsor’s Privacy and Cookies Policy which can be found on Sponsor’s Website. Personal information will be used for the purposes of the Sweepstakes as specified under Paragraph 11 of these Sweepstakes Rules. Other than that, personal information will remain confidential to the Sponsor. Sponsor may however use third parties to process some aspect of personal information for its use, provided that they similarly agree to protect privacy. Any questions can be directed to Sponsor in accordance with the Privacy and Cookies Policy.
CAUTION: Any attempt by an Entrant or anyone to damage or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor may refer anyone suspected of doing so to the competent law enforcement authorities and reserves the right to claim damages from any such person to the fullest extent permitted by law.
SWEEPSTAKES GENERAL RULES: This Sweepstakes is subject to all applicable federal, state, provincial and municipal laws and/or regulations and every action taken by an Entrant in conjunction with the Sweepstakes must comply with these laws and regulations. This Sweepstakes is void where prohibited or restricted by law.
DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Sweepstakes Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNER LIST REQUEST: To request confirmation of the name, city, and state/province/country of each Prize winner, please send a self-addressed, stamped business size envelope, by March 14, 2021 to: Kaged Muscle Plantein Selfie Sweepstakes Winners List Request, 101 Main Street STE 360, Huntington Beach, CA 92648.
NO RELATIONSHIP: The Promotion is solely hosted by Kaged Muscle and is in no way sponsored, endorsed, administered by, or associated with Instagram. You are providing your information to Kaged Muscle and not to Instagram.