Prevagen Facebook Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, THIS AGREEMENT CONTAINS A MANDATORY CLASS ACTION/JURY TRIAL WAIVER PROVISION.
1. PROMOTION DESCRIPTION: The Prevagen Facebook Giveaway (the "Giveaway") begins on October 28, 2019 at 8:00am CT and ends on October 31, 2019 at 4pm CT (the "Promotion Period"). One winner will be picked at the end of each day of the Promotion Period at 4pm CT.
The sponsor of this Giveaway is Quincy Bioscience ("Quincy" or "Sponsor"), 726 Heartland Trail, Suite 300, Madison, WI 53717. By participating in the Giveaway, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Giveaway. Sponsor may be reached by email at email@example.com during the Promotion Period.
2. ELIGIBILITY: Open to legal residents of US/DC who are 18 years or older at the time of entry. This Giveaway is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.
Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (the "Promotion Entities"), are ineligible to enter the Giveaway or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. PRIZES: Four (4) Grand Prize winners will receive a Prevagen Prize Pack that will include: a one year supply (12 bottles) of Prevagen Regular Strength, a Swell water bottle, Prevagen playing cards and a stress ball (approximate retail value of $520).
Prizes cannot be transferred, redeemed for cash or substituted by winner. The average retail value (ARV) of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
This Giveaway is open to legal residents of US/DC and Prize will only be awarded and/or delivered to addresses within said locations. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
4. HOW TO ENTER: Enter the Giveaway online by "liking" Prevagen on Facebook (@prevagen) and "liking" one of the specific photo posts that are identified as part of the Giveaway, and commenting on the post. The post will provide instructions on what method constitutes an entry and the required content of the comment. The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entries that do not meet the Entry instructions will be void. All Entries must comply with Facebook's posting guidelines (available here: https://www.facebook.com/policies/pages_groups_events/), and any violative posts, in Sponsor's sole discretion, will be void.
Limit one (1) entry per person per post. Any attempt by Entrant to obtain more Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/Giveaway subscription notification and/or entering services, will void Entrant's Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be submitted by the end of the Promotion Period in order to participate. Sponsor's database clock will be the official timekeeper for this Giveaway.
5. ODDS OF WINNING: Odds of winning will vary depending on the number of eligible Entries received. Multiple Entries by the same Entrant do not increase the odds of winning.
6. WINNER SELECTION: The Winners of the Giveaway will be selected daily at 4pm CT in a random drawing from among all eligible Entries received on that day's designated entry post(s). The random drawing will be conducted by Sponsor or its designated representatives, whose decisions are final.
7. WINNER NOTIFICATION: Winner will be notified via Facebook private message approximately one week after the random drawing. Potential Winner must accept a prize as directed by Sponsor within one week of notification.
Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive Facebook account(s), technical difficulties associated therewith, or Winner's failure to adequately monitor any Facebook account. Any winner notification not responded to may result in prize forfeiture.
Except where prohibited or restricted by law, Winner's acceptance of the prize constitutes the Winner's agreement and consent for Sponsor and any of its designees to use and/or publish Winner's full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Giveaway or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
If Winner notification is returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and an alternate winner may be selected in a separate random drawing. Prizes are anticipated to be distributed within two weeks of Winner verification.
8. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Quincy Bioscience attn: Todd Olson & Prevagen Facebook Giveaway at 726 Heartland Trail, Suite 300, Madison, WI 53717. Limit one (1) request per envelope. Requests for the names of the winners must be received no later than six (6) months after the Promotion Period has ended. For accessing a Winner List online, https://www.prevagen.com/pages/prevagen-facebook-giveaway-winners. The winner list will be posted after winner confirmation is complete.
10. ENTRY CONDITIONS, INDEMNIFICIATION, AND RELEASE: Each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Giveaway; (b) defend, indemnify, release and hold harmless Facebook and the Sponsor and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Giveaway, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winners acknowledge that all prizes are awarded as-is without warranty of any kind.
11. LIMITATION OF LIABILITY. Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Giveaway; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Giveaway; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant's or to any other person's computer or mobile device which may be related to or resulting from any attempt to participate in the Giveaway or download of any materials in the Giveaway.
If, for any reason, the Giveaway is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway in whole or in part. In such event, Sponsor shall immediately suspend all drawings and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any participant in connection with the Giveaway.
12. DISPUTES: Except where prohibited, participating entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway 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 Wisconsin. 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 Giveaway, shall be governed by, and construed in accordance with, the laws of the state of Wisconsin without giving effect to any choice of law or conflict of law rules (whether of the State of Wisconsin or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Wisconsin. 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.
ALL PARTICIPATING ENTRANTS AND PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS GIVEAWAY WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.