How to Enter:
- Comment on any #up4aturkeyday5k post on the up4® Instagram account (@up4probiotics) with a message telling who and what you are thankful for, tag a friend you want to join you in running the Miami 5K Turkey Trot and use the hashtags #up4aturkeyday5k and #sweepstakes.
- Follow @up4Probiotics on Instagram.
GRAND PRIZE: Up to 3 entries into the Turkey Trot Miami 5K on Thursday, November 28 and a $250 American Express® gift card.
up4® PROBIOTICS #up4aturkeyday5k SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Please read these Official Rules carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you if you enter the up4® Probiotics #up4aturkeyday5k Sweepstakes (the “Sweepstakes”). By entering the Sweepstakes, you signify your agreement to these Official Rules. If you do not agree to the Official Rules, you may not enter the Sweepstakes.
Note that you must have a public Instagram account to enter the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You understand that you are providing your information to i-Health, Inc. (the “Sponsor”) and not to Facebook or Instagram. Any questions, comments or complaints regarding this Sweepstakes should be directed to the Sponsor.
1. ELIGIBILITY: Open to legal U.S. residents who are 18 years of age or older at time of entry. Employees, officers and directors of i-Health, Inc., DSM Nutritional Products, their subsidiaries, affiliates, advertising agencies, promotional suppliers and the immediate family members (spouses and parents, children and siblings and their spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals (collectively, “Sweepstakes Entities”) are not eligible. All applicable federal, state and local rules apply. Void where prohibited or restricted by law.
2. TO ENTER: The Sweepstakes begins at 12:00:01 AM Eastern Time (“ET”) on September 3, 2019 and ends at 11:59:59 PM ET on October, 31, 2019. To enter, comment on any #up4aturkeyday5k post on the up4® Instagram account (@up4probiotics) with a message telling who and what you are thankful for, tag a friend you want to join you in running the Miami 5k Turkey Trot and use the hashtags #up4aturkeyday5k and #sweepstakes. You must also be following @up4Probiotics on Instagram in order to win. The sponsor must receive entries by 11:59:59 PM ET on October 31, 2019, to be entered in the Sweepstakes and to be eligible for the random drawing. Limit one (1) form entry per person. By entering, participants warrant and represent that they agree to be bound by these Official Rules and the final decision of the Sponsor and The Thomas Collective, LLC. (the “Promotion Administrator”), an independent organization.
3. RANDOM DRAWING/PRIZES/ODDS OF WINNING: On or about November 1, 2019, The Promotion Administrator will conduct a random drawing from among all eligible entries received during the Sweepstakes period to award two (2) up4® Probiotics #up4aturkeyday5k Sweepstakes Grand Prizes consisting of up to three (3) entries into the Turkey Trot Miami 5K on Thursday, November 28 and a $250 American Express® gift card. Total approximate value of Grand Prize is $300. Any transportation, lodging or other accommodations are not included as part of the Grand Prize.
4. WINNER NOTIFICATION: The potential winner(s) will be notified by email, or Instagram direct message. Return of any prize notification or prize as undeliverable may result in forfeiture of the prize, in Sponsor’s sole discretion. Prizes are not transferable or redeemable for cash and must be accepted as awarded. No other substitutions may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of comparable or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. Winner is solely responsible for all applicable federal, state, and local taxes and for any expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being included. Winner will be notified by email or Instagram direct message using the information provided on such winner’s entry on or about November 1, 2019. In order to receive the Grand Prize, winner will be required to sign an affidavit of eligibility and publicity/liability release within ten (10) business days of initial notification, or an alternate winner will be selected. Email or Instagram direct message notification shall be deemed to have occurred on the date Sponsor or Sponsor’s designee first attempts to contact a potential winner, and mail notification shall be deemed to have occurred on the date such notification is postmarked. If any prospective winner is found to be ineligible for any reason, an alternate winner will be selected. If prize notification is returned as undeliverable it will result in disqualification and the prize will be awarded to an alternate winner. Any non-response by a potential winner or Sponsor’s failure to receive a response from any potential winner within the prescribed ten (10) business day period will result in disqualification and the selection of an alternate winner. In the event of any non-compliance with these Official Rules, the potential winner will be disqualified and an alternate winner will be selected. Sponsor is not responsible for unsuccessful efforts to notify any potential winner.
5. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: [a] suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; [b] award the prize from among the eligible entries received up to the time of the impairment; or [c] proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
6. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, its parent, subsidiary and related companies, other companies associated with the promotion and operation of the Sweepstakes, Facebook, Inc., and the respective officers, directors, employees and agents of each (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use/misuse of any prize, including, but not limited to: [a] unauthorized human intervention in the Sweepstakes; [b] technical errors related to computers, servers, providers or telephone or network lines; [c] printing errors or any errors made in the advertisement of the Sweepstakes; [d] lost, late, illegible, incomplete, misdirected, damaged, destroyed or mutilated entries, or for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft, destruction, unauthorized access to or alterations of entry materials or failures in transmission of entries; [e] errors in the administration of the Sweepstakes or the processing of entries; [f] injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize; or [g] lost, late, postage-due, misdirected or undeliverable mail. Entrant shall not receive any compensation or credit for use of an entry other than that disclosed in these Official Rules. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. Without limiting the foregoing, the Sweepstakes, all prizes, and all materials provided on or through any Sweepstakes website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
7. INDEMNITY: By submitting an entry, you agree to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of your entry.
8. PUBLICITY: By submitting an entry, you grant the Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration or use in composite form of your name, picture, likeness, address (city and state) or biographical information.
10. DISPUTES: Except where prohibited, entrant agrees 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 Connecticut. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.
11. RULES/WINNER LIST: For a copy of these Official Rules or for a list of winner(s) (please specify), mail a self-addressed, stamped envelope to be received by December 31, 2019, to: The Thomas Collective/up4® Probiotics #up4aturkeyday5k Sweepstakes Rules or Winner List, 37 West 28th Street, 12th Floor, New York, NY 10001
Sponsor: i-Health, Inc, 55 Sebethe Drive, Cromwell, CT 06416. All rights reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Any questions, comments or complaints regarding this promotion should be directed to the Sponsor, not Facebook.
Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.
up4® and what are you up4?® are trademarks of DSM.
up4® is distributed by i-Health, Inc. © i-Health, Inc. 2019. All rights reserved.
American Express® is a trademark of the American Express Company.