PROFILE SANFORD® (“Profile”) INSPIRE 2020
GIVEAWAY (the “Giveaway”) OFFICIAL RULES
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR TO WIN
VOID IN RHODE ISLAND AND WHERE PROHIBITED BY LAW.
1. Who May Enter. The Giveaway is open to Profile members who meet all of the following eligibility criteria (each, an “Entrant”): 1) must be a Profile member as of January 31, 2020; 2) must be a lawful resident of the U.S.; 3) must have obtained the age of majority in their home state by January 31, 2020; and 4) must be physically located in the U.S. at the time of entry. In addition to those Entrants who do not meet the eligibility criteria, the following individuals are not eligible to participate in the Giveaway and will not qualify as Entrants: 1) employees of Sanford Frontiers, Profile Development, LLC, Profile Products, LLC, Profile Franchising, LLC, or employees or owners of Profile Franchising, LLC’s franchisees; 2) any individual that is a paid promotor, endorser, recruiter, consultant, or other contractor of Profile; or 3) residents of Rhode Island. The Giveaway is void in Rhode Island and where prohibited by law.
2. How to Enter. The Giveaway runs from December 23, 2019 at 12:00 A.M. Central Time (“CT”), to January 31, 2020, at 11:59 P.M. CT (the “Giveaway Period”). During the Giveaway Period, Entrants enter the Giveaway by posting a story about their Profile journey on the Entrant’s Facebook Account, include #sweepstakes in the post, and either 1) link to www.profileplan.com/freshstart, or 2) include the special hashtag #ProfileProud, or 3) both 1 and 2 (“Standard Entry”). Entrants are encouraged to post a positive message about Profile or their individual journey using Profile. If the Entrant posts something, in Profile’s sole and absolute judgment, contrary to Profile’s business interests or disparaging or defamatory of Profile, its parents, affiliates, subsidiaries, or its franchisees, or their owners or employees in the same post or in conjunction with the Standard Entry, such Entrant will be ineligible for the Giveaway. Limited to one (1) Standard Entry per day during the Giveaway Period. Once the Standard Entry is posted, the Entrant will automatically be entered by Profile into the Giveaway and receive one Entry. Entrants may also enter by legibly hand-printing the following information on a standard sized postcard or on a piece of paper: First Name, Last Name, Complete Home Address (no P.O. Boxes), Date of Birth, Telephone Number (including area code), and Email Address (collectively, the "Mail Entry Information") and send in a self-addressed standard size #10 envelope with proper postage affixed to: Profile Sanford® Inspire 2020 Giveaway, Profile Sanford, Mail Route 5725, PO Box 5039, Sioux Falls, SD 57117-5039 ("Mail Entry"). Mail Entries must be postmarked by January 31, 2020, and received by February 7, 2020. No copies, facsimiles, or reproductions of Mail Entries will be accepted. Limit one Mail Entry per day per eligible participant throughout the Giveaway Period. ENTRANTS WHO DO NOT USE THE STANDARD ENTRY METHOD BUT WISH TO ENTER THE GIVEAWAY MAY USE THE MAIL ENTRY PROCESS TO ENTER DURING THE GIVEAWAY PERIOD. Any attempted form of entry other than as described herein is void. Proof of submitting a Standard Entry or Mail Entry (collectively "Entry/ies") will not be deemed by Profile as proof of receipt or entry into the Giveaway. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s Entries and that entrant may be disqualified. Profile reserves the right to disqualify any Entries for any violation of these Official Rules in Profile’s sole and absolute discretion. Final eligibility for the award of any prize is subject to eligibility verification and other conditions and requirements, as set forth below. Mail Entries will be automatically opted-in to receive future Profile promotional e-mails. If, at any time, Entrant no longer wishes to receive promotional e-mails from Profile, please opt-out through the opt-out procedures in the Profile promotional email.
3. Agreement to Official Rules. By participating in the Giveaway, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Profile, which are final and binding in all matters related to the Giveaway. Winning any prize is contingent on fulfilling all requirements set forth herein.
4. Odds of Winning. The actual odds of winning will depend on the actual number of Entries received.
5. Winner Selection. On February 7, 2020, one Entrant (the “Potential Winner”) will be drawn randomly and will win the Prize (defined below). Potential Winner will be notified via email by Profile at the email address associated with the Entrant’s Profile account. Potential Winner will have three (3) business days to respond to the email notification. The Prize (defined below) may not be awarded and an alternate Potential Winner may be selected, at Profile’s sole discretion, from among the other Entrants in the event: (a) the Potential Winner cannot be reached by Profile for whatever reason after three (3) business days; (b) the Potential Winner’s noncompliance with the Official Rules; (c) the Potential Winner is found to be ineligible or disqualified to enter the Giveaway or receive the Prize; (d) the Prize notification email is returned as undeliverable; (e) potential winner’s prize notification or Affidavit/Release (defined below) is returned as undeliverable for whatever reason, the potential winner shall be disqualified for the Giveaway and an alternate potential winner may be selected, at Profile’s sole discretion, from among the other eligible members. Potential Winner will be required to sign, execute, have notarized and return an original unmodified Affidavit of Eligibility, a Liability Release (where legal), a Publicity Release and any other documentation that Profile requires (collectively "Affidavit/Release") within five (5) business days after receipt by the Potential Winner may be disqualified and an alternate Potential Winner for the Prize may be selected. By returning the completed Affidavit/Release, Potential Winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules.
6. Prizes/Approximate Retail Value (ARV). The winner (and only one winner) of the Giveaway will receive a $1,000 Shopping Spree in the form a prepaid credit card (ARV $1,000.00) (the “Prize”). Once the winner has been verified and completed all necessary conditions to receive the Prize as contained herein, Profile will deliver the Prize. The winner bears the risk of loss once Profile has delivered the Prize or, if Profile delivers the Prize via mail, once the Prize has been deposited with such carrier service. Winner is responsible for all taxes, costs, and fees associated with the Prize or the winner’s participation in the Giveaway, including without limitation federal or state income taxes. No cash equivalent for the prize will be available unless otherwise specified in Profile’s sole and absolute discretion. The Prize is not transferrable. If required by law, the winner of the Prize will be issued an IRS Form 1099 from Profile or Profile’s designee for the total ARV of the Prize (as stated herein) in the calendar year 2020.
7. Assumption of Risk, Waiver of Liability and Indemnification. Entrant acknowledges that there are risks associated with Entrant’s participation in the Giveaway and Entrant agrees that the terms of Entrant’s Profile Membership apply to Entrant’s participation, including but not limited to the Assumption of Risk, Release of Liability and Indemnification provisions. By entering into the Giveaway, each Entrant agrees to follow these Official Rules and to release, discharge and hold harmless Profile, its parents, its affiliates, subsidiaries, and franchisees, and each of their present and future officers, directors, trustees, owners, agents, employees and representatives of each of them (collectively, the “Giveaway Entities”), from any and all responsibility of liability whatsoever for any property loss, damage, personal injury or death, in connection with the Prize and/or Entrant’s participation in the Giveaway.
8. General Conditions. Giveaway is subject to these Official Rules, Terms and Conditions available at https://www.profileplan.com/terms-of-service-agreement/, the applicable terms and conditions of Facebook, and all federal, state and local laws and regulations (collectively "Rules and Laws"). Profile is not responsible for printing or typographical errors in any Giveaway-related material or advertisements. If by reason of a printing or other error, more prizes are claimed than the number set forth in the Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category question. No more than the advertised number of prizes will be awarded. By entering the Giveaway, Entrants agree and acknowledge: (a) to be bound by the these Rules and Laws, as well as the decisions of Profile which are final and binding in all respects; (b) to waive any rights to claim ambiguity with these Rules and Laws and the Official Rules; (c) to release all rights to bring any claim, action or proceeding against the Giveaway Entities; (d) to permit Profile Franchising, LLC, and its parents, affiliates, subsidiaries, and franchisees’ use of their name, photograph and/or likeness, video recording, voice and statements made by or attributed to them, in perpetuity, in any and all media now known or hereafter developed (including without limitation print, broadcast and internet), for all legitimate business purposes including advertising and promotional activities without additional compensation, unless prohibited by law; and (e) to permit Profile to modify, edit, adapt, electronically alter, use, assign and/or dispose of photographs and/or likeness, video recording, voice or statements, however Profile sees fit and for any legitimate business purpose without any notice or compensation to Entrant or any third parties.
9. Disclaimers. Giveaway Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, mechanically duplicated and mass machine printed, postage-due, mutilated, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Giveaway, Entrants agree and acknowledge that the Giveaway Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Giveaway; human error; incorrect or inaccurate transcription of Entry Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; typographical errors in Giveaway promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by the Giveaway; interruption or inability to access the Giveaway, the Profile Website, or any online service via the internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third party’s) computer/mobile device and/or its contents related to or resulting from any part of this Giveaway even if caused by the negligence of one of the Giveaway Entities. The failure of Giveaway Entities to comply with any provision of these Official 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 the Giveaway Entities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
10. Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of members and Profile in connection with the Giveaway or the Prize, shall be governed by, and constructed in accordance with, the substantive laws of the State of South Dakota, without regard to conflict of law principals. Any controversy or claim arising out of or relating to these Official Rules, its enforcement, or interpretation shall be submitted to state or federal court in Minnehaha County, South Dakota. Entrant consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens. Should any term of these Official Rules be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
11. Sponsor. The Sponsor of the Giveaway is Profile Development, LLC. These Official Rules constitute a binding agreement between each Entrant and Profile Development, LLC. The terms and provisions of these Official Rules are intended solely for the benefit of each party hereto, and it is not the intention of the parties to confer third-party beneficiary rights upon any other person.
12. Winner and Opt Out. The Winner’s name will be posted on Profile’s Facebook page no later than February 29, 2020. If an Entrant wishes to have the name of the Giveaway winner or an additional copy of the Official Rules, mail a stamped self-addressed envelope to Profile Sanford® Inspire 2020 Giveaway, Profile Sanford®, Mail Route 5725, PO Box 5039, Sioux Falls, SD 57117-5039. Requests must be received by February, 2020. The Official Rules will be available on Profile’s Website during the entire Giveaway. If Entrant wishes to opt out of the Giveaway at any time for whatever reason, contact Entrant’s Profile coach.