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Holiday Health Challenge

PROFILE SANFORD® (“Profile”) HOLIDAY HEALTH CHALLENGE (the “CHALLENGE”) 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 Challenge is open to Profile members who meet all of the following eligibility criteria (each, an “Entrant”): 1) must be a Profile member as of December 12, 2020; 2) must be a lawful resident of the U.S.; 3) must have obtained the age of majority in their home state by November 16, 2020; 4) must be physically located in the U.S. at the time of entry; and 5) must attend at least four (4) coaching appointments during the Challenge Period.  In addition to those Entrants who do not meet the eligibility criteria, the following individuals are not eligible to participate in the Challenge 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; and 2) any individual that is a paid promotor, endorser, recruiter, consultant, or other contractor of Profile; and 3) not available to residents of Rhode Island.  The Challenge is void in Rhode Island, where prohibited by law and only valid at participating Profile locations.  

2. How to Enter. The Challenge runs from November 12, 2020, at 12:00 A.M. Central Time (“CT”), to January 9, 2020, at 11:59 P.M. CT (the “Challenge Period”). The Challenge is contest to obtain as many points as possible during the Challenge Period by completing tasks and activities.  The scoring system and point values for tasks and activities are described in Exhibit 1 attached to these Official Rules. Entrants, with the help of their Profile Coach, will track their points using downloadable/printable trackers, and the Entrant’s Profile Coach will validate the Entrants points each week.  Entrants and Profile Coaches will be on the honor system for tracking and recording points.  If at any time a Profile Coach, Profile, or its employees or representatives suspect, have reason to believe, or catch an Entrant of cheating, dishonesty, misrepresenting or falsifying an Entrant’s points, or engages in any other unethical behavior, Profile may, in its sole and absolute discretion, disqualify an Entrant. At the end of the Challenge Period, each Entrant will enter their trackers to their Profile Coach and will be entered into the Challenge (each, a “Standard Entry”).  If an Entrant fails to turn in their tracking form(s) by January 16, 2021, the Entrant will not be eligible for the Challenge, an only points tracked during the Challenge period will be considered.  Entrants are limited to one Standard Entry during the Challenge Period.  Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, trackers, 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.

3. Agreement to Official Rules. By participating in the Challenge, 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 Challenge. Winning any prize is contingent on fulfilling all requirements set forth herein.  

4. Odds of Winning. The odds of winning will depend on the number of points an Entrant obtains compared to the other Entrants and the number of Entrants.  In the event of a tie at either the local or system-wide level, the Entrant that loses the most weight according to their Smart Scale during the Challenge Period will be the Winner.

5. Winner Selection. Between January 17 – 23, 2021, each of the participating Profile locations will verify the Entrant with the most points at their local store (each such Entrant, a “Potential Winner”).  Each Potential Winner will be verified in accordance with these Rules.  Potential Winners will be notified via email, in person, by phone, or otherwise by Profile or the participating location.  Potential Winners will have three (3) business days to respond to the notification. The Prizes (defined below) may not be awarded and an alternate Potential Winner for a prize may be selected, at Profile’s sole discretion, from among the other Entrants in the event: (a) a Potential Winner cannot be reached by Profile for whatever reason after three (3) business days; (b) a Potential Winner’s noncompliance with the Official Rules; (c) a Potential Winner is found to be ineligible or disqualified to enter the Challenge or receive a Prize; (d) the Prize notification email is returned as undeliverable or the Potential Winner does not respond to notifications; (e) a Potential Winner’s Prize notification or Affidavit/Release (defined below) is returned as undeliverable for whatever reason, then such Potential Winner shall be disqualified for the Challenge and the next highest point scorer may be selected, at Profile’s sole discretion, from among the other eligible Entrants. Each Potential Winner may 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 each Potential Winner or may be disqualified and an alternate Potential Winners for the Prize may be selected. By returning the completed Affidavit/Release, Potential Winners attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules.

Once verified, the Potential Winners will become the Local Winners (and each, a “Local Winner”).  All the participating locations will submit their Local Winners, along with their point totals and other information required by Profile, to Profile.  On January 29, 2021, Profile will determine the top 3 overall Local Winners.  The Local Winner with the highest point total will become the 1st Place Winner.  The Local Winner with the second highest point total will become the 2nd Place Winner.  The Local Winner with the third highest point total will become the 3rd Place Winner.  Profile reserves the right to disqualify a Local Winner for any legitimate reason (in Profile’s sole and absolute discretion).

6. Prizes/Approximate Retail Value (ARV). Each Local Winner of the Challenge will receive a $100 Profile Gift Card from the Local Winner’s store (ARV $100; no cash value, not redeemable for cash, and non-transferrable) (each, a “Local Prize”).  Each participating location will be responsible for awarding the Local Prizes; Profile is not the deliverEr or guarantor of any Local Prize. The Third Place Winner will receive, in addition to the Local Prize, a $100 pre-paid Visa gift card (ARV $100) (the “Third Place Prize”). The Second Place Winner will receive, in addition to the Local Prize, a $250 pre-paid Visa gift card (ARV $250) (the “Second Place Prize”).  The First Place Winner will receive, in addition to the Local Prize, a $500 pre-paid Visa gift card (ARV $500) (the “First Place Prize”). THE PRIZES DO NOT INCLUDE ANY OTHER PROFILE FOOD OR BEVERAGE PRODUCTS, MERCHANDISE, ACCESSORIES, SERVICES, OR OTHER ITEMS SOLD BY PROFILE.  Each winner is responsible for all taxes, costs, and fees associated with each Prize or each winner’s participation in the Challenge, including without limitation federal or state income taxes.  No cash equivalent for each Prize will be available unless otherwise specified in Profile’s sole and absolute discretion.  Each Prize is not transferrable.  If required, each winner will be issued an IRS Form 1099 from Profile or Profile’s designee for the total ARV of the Prize (as stated herein) in calendar year 2021, and each Prize will be considered fully delivered and received as of the date each Prize is won.

7. Assumption of Risk, Waiver of Liability and Indemnification. Entrant acknowledges that there are risks associated with Entrant’s participation in the Challenge 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 Challenge, 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 “Challenge 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 Challenge.  

8. General Conditions. Challenge is subject to these Official Rules, the applicable terms and conditions of the social media platform, and all federal, state and local laws and regulations (collectively “Rules and Laws”). Profile is not responsible for printing or typographical errors in any Challenge-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 Challenge, 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 Challenge Entities; (d) to permitProfile 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. Challenge 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 Challenge, Entrants agree and acknowledge that the Challenge 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 Challenge; 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 Challenge 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 Challenge; interruption or inability to access the Challenge, 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 Challenge even if caused by the negligence of one of the Challenge Entities.  The failure of Challenge 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 Challenge 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 Challenge or each 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 each Local Prize is the applicable participating Profile location.  The Sponsor of the First, Second, and Third Place Prizes is 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. Contest Rules. If an Entrant wishes to have an additional copy of the Official Rules, mail a stamped self-addressed envelope to Profile Sanford Holiday Health Challenge, Profile Sanford, Mail Route 5725, PO Box 5039, Sioux Falls, SD  57117-5039. Requests must be received by January 30, 2021.  The Official Rules will also be posted on Profile’s official website during the Challenge Period. 

Exhibit 1

  1. Scoring: Points are awarded for each item below.  Points may only be accumulated during the Challenge Period unless otherwise specified.  Point-gaining activities may be completed daily for points unless otherwise specified:
    1. Physical Dimension:
      1. Track your hydration, each day hydration is tracked = 1 point/day tracked.
      1. Track 100% of Profile AND non-plan foods in Journey App/paper tracker = 2 points/day *** coach has option to print meal plan or email to member to track themselves— also with hydration & activity
      1. Track any activity in Journey App or on paper tracker = 1 point for every 10 minutes of activity; (Max 6 points or 60 minutes/day)
        BONUS POINTS
      1. Tracking streaks for nutrition and hydration (activity streaks do not qualify for bonuses).  Entrant receives points only for the longest streak tracked during the Challenge Period.  Entrant will not receive points for streaks of shorter duration.  Streaks are not compounded.  By way of example, if an Entrant completes 14 days of tracking in a row, breaks the streak, and then has another streak for 7 days, Entrant would receive 14 bonus points, not 21 bonus points:
      1. Bonus points for streaks:  7 days = 7 points, 14 days = 14 points, 21 days = 21 points, 28 days = 28 points, 35 days = 35 points, 42 days = 42 points, all 56 days = 75 points
      1. ALL TRACKING MUST BE COMPLETED DAILY TO QUALIFY.  Tracking cannot be retroactively completed, and any retroactive tracking will not qualify for either daily points or streaks.
    1. Social Dimension:
  2. Making changes to your life is easier with a friend! Refer a friend = 15 pts each friend referred (no limit on number of referrals).  Referred Friend must become an active member during the Challenge Period in order for the referring Entrant to receive points.
  3. Post about Profile using #HolidayHealthProfile and #Contest on your Personal Facebook/Instagram = 5 pts/post per platform, maximum of one post per day per platform (i.e., maximum of 15 points per day). Valid platforms are Facebook, Instagram, and Twitter.  Posts must be public to receive points.
  4. Share a pic of a recipe you made on your personal FB/Insta page using #HolidayHealthProfile and #Contest = 5 pts/post per platform, maximum of one post per platform per day (i.e., maximum of 15 points per day). Valid platforms are Facebook, Instagram, and Twitter.  Posts must be public to receive points.
  5. Phone a friend! Call someone you haven’t talked with in a while! = 5 points/call. Limit one call per day. Bonus if you throw on your walking shoes and walk & talk. Multitasking isn’t always bad! = 5 points/call.  Limit one call per day.  May be combined with activity in Section 1(a)(iii).
  6. While social media can sometimes offer a supportive environment, there is such a thing as too much of a good thing! No screen time of any kind for a morning or afternoon and do something with no screens! = 5 points/day.
  7. Meet with your coach either in-store or virtually! = 10 points/occurrence (max 80 pts possible)
    1. Spiritual Dimension:
      1. Complete the core values exercise with your coach = 10 points.  Limit once during the Challenge Period.
      1. Volunteer for an organization of your choice = 10 points/occurrence/day.
      1. Be kind to others and offer to help those in need. Pay it forward this holiday season = 5 points/occurrence. Maximum 50 pts during the Challenge Period.
    1. Intellectual Dimension:
      1. Achievements in Journey App: These are Journey App system generated achievements – coach will check in the member’s Journey App for these to award points as follows:
        1. That’s Smart – 1 goal = 1 point
        1. That’s Smart – 3 Goals = 3 points
        1. That’s Smart – 5 Goals = 5 points

(maximum of 8 points during the Challenge Period; Profile will accept That’s Smart Goals completed prior to the Giveaway Period)

  1. Journey Mapping Modules: for each module completed during the challenge = 2 points per module (max 16 points)
    1. Journey Mapping Achievements:
      1. Healthy IQ 1 = 1 point
      1. Healthy IQ 6 = 6 points

(maximum of 8 points during the Challenge Period; Profile will accept Healthy IQ Goals completed prior to the Giveaway Period)

  • Environmental Dimension:
  • Leftovers anyone? You can reduce your food waste by planning meals ahead of time and freezing leftovers! Pick 1 meal this week that you can freeze and reheat to minimize food waste! = 5 points/ occurrence (maximum of 8 occurrences/40 points during the Challenge Period)
  • Create a space you love! Add relaxing music to your environment or burn a candle you love to create a sense of peace and calm in your environment! Take a picture and show your coach! = 5 points/occurrence (maximum of 8 occurrences/40 points during the Challenge Period)
  • Pick a spot, small or large, in your home that is need of organizing.  It could be organizing the tools in the garage, maybe your bathroom cabinet is a mess or that “junk drawer” is out of control.  Maybe you just want to find a bowl to put near the front door where you can throw your keys when you walk in. Whatever it is, take a few minutes to complete this task and enjoy the rewards of simplifying your life!  Take a before and after picture and show your coach! = 10 points/occurrence (maximum of 10 occurrences/100 points during the Challenge Period)
    • Emotional Dimension:
  • Send a message to your coach titled “3 things I love about myself” = 15 points/up to 2 times during the Challenge Period, maximum 30 points during the Challenge Period
  • Aim for 7-9 hours of sleep each night. = 2 points/night achieved (maximum of 112 pts during the Challenge Period)
  • Tracking:
    • Using the downloadable/printable trackers, members will track their points, and coaches will validate points during the coaching appointments.  Points validated by coaches must be finalized and submitted to coach by January 16, 2021.  Points validated by a coach are presumed accurate.
    • Members who attend coaching appointments will have points awarded/validated by their coach during the appointment.
    • Member will show their tracker plus social media postings in order to achieve/validate points.
  • Leaderboard:
    • Each store will display a Holiday Health Profile board for members who are engaged in the challenge.
    • Members will remain anonymous if desired (using first/last name initials) on the leader board.
    • Updated weekly with points awarded/validated and new leader.

LET THE GAMES BEGIN!  MAY THE ODDS BE EVER IN YOUR FAVOR!  MAY THE FORCE BE WITH YOU!