PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve chances of winning. Void where prohibited. The “Biggest Loser Protein Newsletter Contest” (the “Contest”) begins on Friday, August 15, 2009 at 12:01 A.M. PST and ends on Thursday, December 31 2009 at 11:59 P.M. PST. Odds of winning depend upon the number of eligible entries received.
TO ENTER: To enter, access the DESIGNER WHEY website at http://www.designerwhey.com/. You must completely fill out all fields in the Newsletter registration form. Also, contestants must accept the confirmation email sent after registration. All entries become the property of NEXT Proteins, Inc., 5050 Avenida Encinas, Suite 350, Carlsbad, CA 92008 (“Sponsors”), and will not be acknowledged or returned, and may be altered for Contest purposes.
You may register once for the Biggest Loser Protein Newsletter during the Contest period beginning on Friday, August 15, 2009 at 12:01 A.M. PST and ending on Thursday, December 31, 2009 at 11:59 P.M. PST. Entries submitted will be deemed to have been submitted by the authorized account holder of the email address at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider or organization (i.e. business, educational institution etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to add entrant’s contact information and email address to email and contact lists owned and maintained by NEXT Proteins, Inc. without additional compensation. The personal information collected by way of the Contest is subject to the privacy policy of NEXT Proteins, Inc. located at www.designerwhey.com. By entering the Contest, you agree to the use of your personal information as described in these Official Contest Rules and in the privacy policy of NEXT Proteins, Inc.ELIGIBILITY: Open only to those who are eighteen (18) years of age or older and the age of majority in their state of residence as of August 15, 2009. Officers, directors, and employees of NEXT Proteins, Inc., members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter the Contest. Sponsors, as referenced herein, shall include NEXT Proteins, Inc., and its respective subsidiaries, and affiliate companies and administrative, advertising, and promotion agencies and any other entity involved in the development, administration, promotion, or implementation of the Contest.
WINNER SELECTION AND NOTIFICATION: One (1) out of every one thousand (1,000) people who register for the Biggest Loser Protein Newsletter will be chosen at random (“Winner”) to receive a free 12-pack of Biggest Loser Protein (“Prize”). Contestants are only eligible to win one 12-pack of Biggest Loser Protein. Winners will be notified by email. Winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release, and provide a valid shipping address for purposes of delivery of a Prize (collectively, "Contest Documents") within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and an alternate winner may be selected from the remaining eligible entries. If a winner cannot be reached, if he/she is found to ineligible, if he/she cannot or does not comply with these Official Contest Rules, or if his/her Prize or Prize notification is returned as undeliverable, that winner will be disqualified and an alternate winner may be selected from the remaining eligible entries. Limit one (1) Prize per family or household.
PRIZES: There will be one (1) Prize per one thousand (1,000) contestants. For every one thousand (1,000) contestants that register, another Prize will be awarded. Details of Prizes will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of equal or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes are the sole responsibility of Winner. Prizes cannot be transferred by Winner or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winner. If Prize is unclaimed, it will be forfeited, and an alternate Winner may be selected from the remaining eligible entries. If a Prize element is not available for any reason, the remaining elements of Prize shall constitute full satisfaction of Sponsors' Prize obligation to Winner, and no additional compensation will be awarded. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors' control, and are not responsible or liable for any expenses incurred as a consequence thereof.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Sponsors and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, 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 Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prizes, including express warranties; (c) if selected as a Winner, to the posting of such entrant's name on www.designerwhey.com and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes without additional compensation, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Contest Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Contest Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Contest Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Contest Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Contest Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Contest Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Contest Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winner in a random drawing from among all eligible, non-suspect entries received at the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.designerwhey.com. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Contest Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors' agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SAN DIEGO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN SAN DIEGO COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: Winners will be alerted by email shortly after each one thousand (1,000) entrant increment is achieved, or shortly after the Contest ends on December 31, 2009. For a list of winners, please send a self-addressed stamped envelope post marked after December 31, 2009 to be received before January 15, 2010 to: The Biggest Loser Protein Newsletter Contest, NEXT Proteins, Inc. 5050 Avenida Encinas, Suite 350, Carlsbad, CA 92008, attention Marketing Department.