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Giveaway Terms and Conditions

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

ELIGIBILITY:

The Giveaway is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older as of date of entry. No purchase necessary to enter or win. By participating in the Promotion, participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Promotion and shall govern over any other communications. Employees of Lifestyle Evolution Inc. (“Sponsor”) and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Promotion is subject to all applicable federal, state, and local laws.

PROMOTION PERIOD:

Promotion begins at 8:00 a.m. Eastern Time (“ET”) on Monday, September 28, 2020 and ends at 11:59 p.m. ET on Sunday, November 30, 2020 (“Promotion Period”). Sponsor’s clock is the official time keeping device for this Promotion.

HOW TO ENTER:

During the Promotion Period, there are two (2) ways to enter; 1) Purchase a NuGo branded protein bar from an instore Walmart location. Use NuGoNutrition.com/pages/Walmart-giveaway to submit your email address, zip code and picture of your receipt. Submissions will receive one (1) entry (“Entry”) per product purchased. Order entries must be received no later than 11:59 p.m. ET on each Sunday for the following week’s drawing. Standard data rates on your mobile phone may apply if entering using your mobile phone. See your wireless service provider for pricing plan details. OR 2) Mail-in: To receive one (1) entry without making a NuGo Nutrition purchase, on a 3" x 5" piece of paper, hand-print your name, complete address, daytime and evening telephone numbers (area code included), and date of birth, and mail entry in a properly stamped #10 envelope to: NuGo Nutrition – Walmart Giveaway, 520 Second Street, Oakmont, PA 15139. Entries must be postmarked by Sunday at 11:59 pm for the following week’s drawing to be eligible.

Sponsor will not be responsible for: (a) any late or lost entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; any giveaway disruptions, injuries, losses or damages caused by events beyond the control or by unauthorized human intervention; or (c) any printing or typographical errors in any materials associated with the Giveaway. Entrants agree that personal data submitted with an entry may be collected, processed, stored, and otherwise used by Sponsor and its affiliates for the purposes of conducting and administering the Promotion. By entering, entrants further grant Sponsor the irrevocable right and permission to use, separately or together, their name, email address and ZIP Code, statements, photograph, likeness and/or biographical information, in whole or in part, on the internet and in all media now known or hereinafter developed, in perpetuity throughout the world, for all purposes, including advertising and promotional purposes related to the Promotion. Entrants agree that the rights granted to Sponsor in these Official Rules are without compensation or attribution of any kind.

RANDOM DRAWING/ODDS:

Potential winners will be selected in a random drawing on each Sunday within the eight week period starting on or around September 28, 2020 from among all eligible entries received throughout the Promotion Period. Odds of winning will depend on the number of eligible entries received throughout the Promotion Period.

WINNER NOTIFICATION:

Sponsor’s decisions are final and binding on all matters relating to this Promotion. Potential winner will be notified via email or mail and will be required to confirm winning and any documents required by the Sponsor. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, winner declining the prize for any reason prior to award, the inability of Sponsor to contact a potential winner within a reasonable time period, or noncompliance with these Official Rules by potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to an alternate winner by random drawing from among all remaining eligible entries. In the event a winner is at least 18, but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

PRIZES (8):

Each winner will receive a $500 Walmart gift card. All giveaway prizes will be mailed directly by NuGo Nutrition (Sponsor) to the winner. The winner’s information will be provided to the Sponsor. Valid only in the US. and are void where prohibited. The Sponsor will not replace any lost or stolen prize items.

All prize details are at Sponsor’s sole discretion. No prize substitutions or transfers will be allowed; Sponsor may award a substitute prize of comparable or greater value. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied, offered by Sponsor. All federal, state, and local taxes and all other costs associated with prize acceptance are the sole responsibility of the winners. 

GENERAL CONDITIONS:

By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Promotion; (b) to release, discharge and hold harmless Sponsor, Lifestyle Evolution, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photograph, image, entry, and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion.

MISCELLANEOUS:

Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, illegible, stolen, delayed, misdirected, undelivered, or garbled Entries or photos, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, photos, the announcement of the prize, or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, posts, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion (or portion thereof) and, if terminated, at its discretion, select the potential winners in a random drawing from all eligible, non-suspect entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

FACEBOOK DISCLAIMER:

Entrants should understand that they are providing their information to the Host and Sponsor, and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.

TWITTER DISCLAIMER:

Entrants should understand that they are providing their information to the Host and Sponsor, and not to Twitter. This promotion is in no way sponsored, endorsed or administered by, or associated with Twitter.

TECHNICAL PROBLEMS:

The Giveaway may be canceled, suspended and/or modified, in whole or in part, if in the opinion of Sponsor any fraud, technical failure or other factor beyond its control impairs the integrity of the Giveaway.

ARBITRATION:

Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Pittsburgh, Pennsylvania; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.

CHOICE OF LAW:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Pennsylvania.

PRIVACY:

All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner’s list. All personal information submitted as part of the Giveaway may use such information in accordance our online privacy policies. 

 

REQUEST FOR WINNER’S NAMES:

For the names of the winners (available after November 30, 2020) send a self-addressed, stamped, envelope by January 1, 2020 to: NuGo Nutrition – Walmart Giveaway Winners, 520 Second Street, Oakmont, PA 15139.

SPONSOR:

Lifestyle Evolution Inc, DBA NuGo Nutrition, 520 Second Street, Oakmont, PA 15139.