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Membership Giveaway

Atlanta Store Re-Opening

PROFILE SANFORD® (“Profile”) STORE REOPENING: ATLANTA MEMBERSHIP GIVEAWAY (the “Giveaway”) OFFICIAL RULES

NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR TO WIN

VOID WHERE PROHIBITED BY LAW.

1. Who May Enter. The Giveaway is open to Profile and non-Profile members who meet all of the following eligibility criteria (each, an “Entrant”): 1) must be a lawful resident of the State of Georgia, U.S.A.; 2) must have obtained the age of majority in their by September 28, 2020; 3) must be willing to receive the Profile services out of the Stores (defined below); 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: i) employees of Sanford Frontiers, Profile Development, LLC, Profile Products, LLC, Profile Franchising, LLC, or employees or owners of Profile Franchising, LLC’s franchisees; and ii) any individual that is a paid promotor, endorser, recruiter, consultant, or other contractor of Profile.  The Giveaway is void where prohibited by law and only valid at the following Atlanta Store locations (the “Stores”): 1) 2824 W Hwy 54 Peachtree City, GA 30269; 2) 4280 Lavista Rd, Suite C-113 Tucker, GA 30084; and 3) 1905 Scenic Highway Suite 1100 Snellville, GA 30078; 4)6135 Peachtree Pkwy, Suite 201-A, Peachtree Corners, GA 30092

2. How to Enter. The Giveaway runs from September 28, 2020 at 12:00 A.M. Central Time (“ET”), to November 12, 2020, at 11:59 P.M. ET (the “Giveaway Period”). During the Giveaway Period, Entrants enter the Giveaway by visiting the designated landing page , filling out the requested information at the landing page, agreeing to these rules and Profile’s Privacy Statement (https://www.profileplan.com/privacy-statement/), and submitting the entry (“Standard Entry”).  Once the Standard Entry is submitted, the Entrant will automatically be entered by Profile into the Giveaway and receive one Entry.  Limited to one (1) Entry during the Giveaway Period.  The Giveaway is run in conjunction with Profile’s vendor, Hubspot. Any attempted form of entry other than as described herein is void. Proof of submitting a Standard Entry by Entrant 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 (defined below) is subject to eligibility verification and other conditions and requirements, as set forth below. 

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.  Profile’s Privacy Policy governs the use of information you submit to Profile, which Privacy Policy is available at https://www.profileplan.com/privacy-policy-terms/.  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 October 13, 2020, November 5, 2020, and November 12, 20202, one Entrant will be drawn randomly and will win a Prize (defined below) (each, a “Potential Winner” and collectively, the “Potential Winners”). A Potential Winner will be notified via email by Profile at the email submitted to Profile. Potential Winner will have three (3) business days to respond to the email notification. A Prize (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 Giveaway or receive a Prize; (d) the Prize notification email is returned as undeliverable; (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 Giveaway and an alternate Potential Winner may be selected, at Profile’s sole discretion, from among the other eligible Entrants.  An Entrant may not win multiple Prizes. Potential Winner may be required to sign, execute, have notarized and return an original unmodified Affidavit of Eligibility, a Liability Release, a Publicity Release and any other documentation that Profile requires (collectively “Affidavit/Release”) within five (5) business days after receipt by Potential Winner or 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). Once a Potential Winner has been verified, the Potential Winner will become a  Winner of the Giveaway (each, a “ Winner”) and will receive three (3) months of free Profile Coaching, (3) months of free Profile food and beverage products in accordance with the  Winner’s plan as established by Profile, and the Startup Kit (ARV $2,000.00) (the “ Prize”). THE PRIZE ONLY INCLUDES THE PROFILE STARTER KIT, COACHING SERVICES AND FOOD AND BEVERAGE PRODUCTS FOR 3 MONTHS IN ACCORDANCE WITH THE WINNER’S PLAN AS DETERMINED BY PROFILE AND THE WINNER’S COACH; PRIZE DOES NOT INCLUDE ANY ANCILLARY MERCHANDISE, ACCESSORIES, OR OTHER ITEMS SOLD BY PROFILE.  WINNER will be required to become a Profile member in order to claim tHE Prize. Once a Profile Member, the Member will be bound by Profile’s Terms of Service, Privacy Policy, and Terms of use, all of which is available at https://www.profileplan.com/privacy-policy-terms/.  Previous Winners are not eligible to win again and will be excluded from future Giveaway drawings. The Winners shall be referred to as the “Winners” or each, a “Winner.”  Each Winner is responsible for all taxes, costs, and fees associated with each Prize or each Winner’s participation in the Giveaway, 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.  Each Winner may 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 2020, and each Prize will be considered fully delivered and received as of the date each Prize is won. Profile is not the guarantor of any Prize.  

7. Assumption of Risk, Waiver of Liability and Indemnification. Entrant acknowledges that there are risks associated with Entrant’s participation in the Giveaway. 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, Profile’s Privacy Policy available at https://www.profileplan.com/privacy-statement/, 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 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.  Information collected by Profile will be governed by Profile’s Privacy Policy.  Once the Winner(s) accept their Prize and become a Profile Member, the member will be governed by Profile’s standard terms of service as outlined above.

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 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 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.  Profile Development, LLC may assign sponsorship of individual Prizes to its parents, affiliates, or franchisees.

12. Winner and Opt Out. The Winner’s names will be posted on Profile’s Facebook page no later than November 30, 2020.  If an Entrant wishes to have the name of the Winner or an additional copy of the Official Rules, mail a stamped self-addressed envelope to Profile Store Reopening Giveaway, Profile Sanford, Mail Route 5725, PO Box 5039, Sioux Falls, SD  57117-5039. Requests must be received by November 30, 2020. The Official Rules will be available on Profile’s Website during the Giveaway.