thinkThin SUPERPOWERS CONTEST
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. ODDS OF WINNING DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. BY ENTERING THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. Void where prohibited. Subject to all federal, state and local laws, regulations and ordinances. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC. OR INSTAGRAM, INC.
1. PROMOTION PERIOD: The thinkThin Superpowers Contest (the “Promotion”) begins on April 4, 2017 at 12:00:00am Eastern Time (“ET”) and ends on May 5, 2017 at 11:59:59pm ET (the “Promotion Period”). However, one (1) Surprise Prize winner will be selected on or about April 11, 2017 from all entries received between April 4, 2017 at 12:00:00am and April 10, 2017 at 11:59:59pm ET. All other winners selected on or about May 9, 2017. Sponsor’s computer is the official time keeping device for this Promotion.
2. ELIGIBILITY: The Promotion is open to legal U.S. residents currently residing in the 50 United States including the District of Columbia who are 21 years of age or older as of the date of entry and who have an Instagram® or Facebook® account. Employees, officers, and directors of Sponsor or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters (collectively, the “Promotion Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. All entrants must have access to the Internet prior to the start of the Promotion. Sponsor reserves the right to verify the eligibility of winners.
3. SPONSOR: This Promotion is sponsored by Glanbia Performance Nutrition, Inc. on behalf of its thinkThin brand, located at 3500 Lacey Rd., Ste. 1200, Downers Grove, IL 60515 (“Sponsor”).
4. HOW TO ENTER: No purchase necessary, and no entry fee, payment or proof-of-purchase necessary to participate in the Promotion. During the Promotion Period, thinkThin will share four (4) Superpowers Contest posts on Facebook® and Instagram®. You can enter the Promotion by:
a. Commenting on a Superpowers Contest post on Facebook® and telling us which superpower you wish you had. Doing so will require you to have a Facebook® account. If you do not have a Facebook® account, sign-up is free at https://facebook.com.
b. Commenting on a Superpowers Contest post on Instagram® and telling us which superpower you wish you had. Doing so will require you to have the Instagram® app on your mobile device. If you do not have an Instagram® account, sign up is free at https://www.instagram.com.
Limit one (1) entry per person/social media account per post (8 total). Additional entries will be disqualified. Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook® or Instagram®.
Entries, comments and content submitted or uploaded to any social media sites or other public sites in connection with this Promotion (collectively, “Entry” or “Entries”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published via websites, television, movies or other media) owned by others, without permission; (v) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Entries that contain, depict or show such content; that exceed any required file size or length limits imposed by the Promotion Entities or any third party social media site; and/or that violate these Entry requirements and/or the terms of these Official Rules will be disqualified. The Promotion Entities reserve the right in their sole and unfettered discretion to disqualify any Entry that they believe is inappropriate or not suitable for publication, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Promotion.
If the Entry contains an identifiable person other than the entrant who submitted the Promotion Entry, by submitting the Entry, the entrant represents and warrants that he/she has obtained the consent of such person to the use of the Entry as outlined herein and such person may be required to provide written consent to the Promotion Entities’ use of the Entry.
Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple participants are not permitted to share the same email address or Facebook® and/or Instagram® account. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant’s plays and/or entries, and that participant may be disqualified at Sponsor’s discretion. In the event of a dispute as to any entry, the authorized account holder of the email address associated with the pertinent Facebook® and/or Instagram® account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any prize will be awarded. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
5. SELECTION OF WINNER: Winners will be selected from among all eligible entries combined from all methods of entry as follows:
a. On or about April 11, 2017, one (1) potential Surprise Prize winner will be selected by a panel of judges, who will evaluate all entries received between April 4, 2017 at 12:00:00am (ET) and April 10, 2017 at 11:59:59pm (ET) based on feasibility, thoughtfulness and entrant’s demonstration of creativity and/or sense of fun as captured in his/her entry (the “Judging Criteria”).
b. On or about May 9, 2017, three (3) potential Surprise Prize winners and four (4) potential thinkThin Swag Bag Prize winners will be selected by a panel of judges based on the Judging Criteria from all entries received between April 4, 2017 at 12:00:00am (ET) and May 5, 2017 at 11:59:59pm (ET).
Odds of winning depend on the number of eligible entries received. By entering, you agree to be bound by these Official Rules, and that the decisions of the judges are final and binding in all respects. Sponsor reserves the right not to select any winning entry based upon quantity or content of entries. The potential winner(s) will be notified via his or her Instagram® or Facebook® account private message feature when the decision is made and must respond to the notification within forty-eight (48) hours. The potential winner(s) must provide any proof of eligibility as required by Sponsor. The potential winner(s) may also be required to complete an affidavit of eligibility and release of liability and, where permitted by law, publicity release within four (4) days from the date of winner notification. If the (i) winner notification is returned as non-deliverable, (ii) a potential winner fails to respond to the winner notification within the time required, (iii) a potential winner fails to sign any requested documents within four (4) days, (iv) a potential winner fails to abide by these Official Rules, or (v) a potential winner is disqualified for any reason, the potential winner will be deemed to have forfeited the prize, and an alternate potential winner may be selected based on the Judging Criteria described above from all eligible entries received. A maximum of two (2) alternate winners will be selected, after which any remaining prizes will remain unawarded. A list of winners can be obtained by emailing Sponsor at email@example.com at least two weeks after the winner selection date.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
a. Surprise Prize: Four (4) Surprise Prize winners will be given a surprise prize worth an approximate retail value (ARV) of $500.
b. thinkThin Swag Bag Prizes: Four (4) thinkThin Swag Bag Prize winners will be awarded a swag bag full of movie ticket vouchers and thinkThin products selected by Sponsor at its sole discretion. The ARV for each thinkThin Swag Bag Prize is $100.
The total ARV of all prizes to be awarded during the Promotion is $2400.
Winners will receive the prize within 60 days of the date of winner selection once their eligibility has been confirmed. Approximate Retail Value of the prize is based on suggested manufacturer retail price.
7. PRIZE RESTRICTIONS: Limit one (1) prize per person. Sponsor reserves the exclusive right to substitute any prize with another one of equal or greater value. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer. All federal, state and local taxes are the sole responsibility of the Winner. Only the number of prizes stated in these Official Rules is available to be won in the Promotion. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S USE OF THE PRIZE.
8. GENERAL CONDITIONS: Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize. Sponsor is not responsible for incomplete, lost, late, damaged, illegible or misdirected e-mail or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof. Sponsor is not liable for damage to any computer system resulting from participation in or accessing or downloading information in connection with this Promotion. If, for any reason this Promotion is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and select the prize winners from the eligible entries received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right to terminate, suspend, withdraw or amend the Promotion for any reason.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. IN CASE OF DISPUTE AS TO IDENTITY OF ENTRANT, ENTRY WILL BE DECLARED MADE BY THE AUTHORIZED ACCOUNT SUBSCRIBER OF THE EMAIL ACCOUNT, WHO MUST COMPLY WITH THESE OFFICIAL RULES.
9. LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR, INSTAGRAM®, FACEBOOK® AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTIONAL RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. PUBLICITY RELEASE; INTELLECTUAL PROPERTY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
11. GOVERNING LAW; JURISDICTION: This Promotion will be governed by and construed in accordance with the laws of the state of Illinois without regard to conflict of law principles. Any controversy arising under, in connection with or in any way relating to this Promotion shall be adjudicated before a state or federal court of competent jurisdiction located in DuPage County, Illinois. Entrant and Sponsor: (i) accept, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court, and irrevocably agree to be bound by any judgment rendered thereby in connection with this Promotion, and (ii) irrevocably waive any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.
13. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant understands and acknowledges that the Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Entry or any material based on or allegedly based on the Entry, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
14. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit http://thinkproducts.com/superpowers or send a stamped, self-addressed envelope to: Customer Service re: Superpower Contest, thinkThin, LLC, 12211 W. Washington Blvd., Suite 120, Los Angeles, CA 90066. For a list of winners available after May 9, 2017, send a stamped, self-addressed envelope to: Customer Service re: Superpower Contest, thinkThin, LLC, 12211 W. Washington Blvd., Suite 120, Los Angeles, CA 90066. VT residents may exclude return postage when requesting Official Rules.
Copyright ©2017 Glanbia Performance Nutrition, Inc. Any questions, comments or complaints should be directed to Sponsor. Glanbia and other logos or trademarks listed herein are trademarks of Glanbia Performance Nutrition, Inc. and/or other companies in the United States and other countries. This Promotion is not sponsored, administered, endorsed by, nor is it associated with, Instagram® or Facebook®. All rights reserved.