PROFILE SANFORD® (“Profile”) SEVEN DAYS OF SEVEN 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 and non-Profile members who meet all of the following eligibility criteria (each, an “Entrant”): 1) must be a lawful resident of the U.S.; 2) must have obtained the age of majority in their home state by October 12, 2020; and 3) 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; ii) any individual that is a paid promotor, endorser, recruiter, consultant, or other contractor of Profile; and iii) not available to residents of Rhode Island. The Giveaway is void in Rhode Island and where prohibited by law and only valid at participating Profile locations.
2. How to Enter. The Giveaway runs from October 12, 2020 at 12:00 A.M. Central Time (“CT”), to October 18, 2020, at 11:59 P.M. CT (the “Giveaway Period”). During the Giveaway Period, Entrants enter the Giveaway by liking, commenting on, and sharing a social media post posted by Profile (“Standard Entry”). All three actions are required (tagging a friend will count as a comment). 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 conjunction with the Standard Entry, such Entrant will be ineligible for the Giveaway. Entrants must complete the Standard Entry in its entirety in order to be eligible for prizes; partially filled out Standard Entries will not be eligible. Limited one (1) Standard Entry per day. Once the Standard Entry is submitted, 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 valid Email Address (“Mail Entry Information”) and send in a self-addressed standard size #10 envelope with proper postage affixed to: Profile Sanford Seven Days of Seven Giveaway, Profile Sanford, Mail Route 5725, PO Box 5039, Sioux Falls, SD 57117-5039 (“Mail Entry”). Mail Entries must be postmarked by October 18, 2020, and received by October 23, 2020. No copies, facsimiles, or reproductions of Mail Entries will be accepted. Limit one Mail Entry 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 ONCE 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.
4. Odds of Winning. The actual odds of winning will depend on the actual number of entries received. Each Entrant will receive a free, no-obligation consultation with a Certified Profile Coach at a Profile location designated by Profile.
5. Winner Selection. The Giveaway is a progressive giveaway with multiple winners over the course of one week. A winner who wins a Prize (defined below) will not be eligible to win future Prizes; i.e. Winners can only win one Prize. All Entrants selected to win a Prize will become Potential Winners until verified in accordance with these Rules. Starting October 13, 2020, one Entrant will be drawn randomly for the Day 1 Prize (defined below). On October 14, 2020, two Entrants will be drawn randomly for the Day 2 Prize (defined below). On October 15, 2020, three Entrants will be drawn randomly will be drawn randomly for the Day 3 Prize (defined below). On October 16, 2020, four Entrants will be drawn randomly for the Day 4 Prize (defined below). On October 17, 2020, five Entrants will be drawn randomly for the Day 5 Prize (defined below). On October 18, 2020, six Entrants will be drawn randomly for the Day 6 Prize (defined below). On October 19, 2020, seven Entrants will be drawn randomly for the Day 7 Prize (defined below). Potential Winners will be notified via email by Profile at the email submitted to Profile. Potential Winners will have three (3) business days to respond to the email notification. A Prize 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. 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 Potential Winner or may be disqualified and an alternate Potential Winners 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 each Potential Winner is verified, Prizes will be awarded as follows:
Two winners of Day 2 will receive one Grilling Basket (ARV $50) (each, a “Day 2 Prize” and collectively, the “Day 2 Prizes”). Profile may select the final products to be included in the Day 2 Prizes.
Three winners of Day 3 will receive one Profile Body Scan (ARV $30 each) (each, a “Day 3 Prize” and collectively, the “Day 3 Prizes”). Winners of a Day 3 Prize will be required to agree to terms and conditions with Styku, Profile’s third party vendor providing the Profile Body Scan, in order to claim the Day 3 Prize.
Four winners of Day 4 will receive one Entrée Basket (ARV $54 each) (each, a “Day 4 Prize” and collectively, the “Day 4 Prizes”). Profile may select the final products to be included in the Day 4 Prizes.
Five winners of Day 5 will receive one Shake Package (ARV $60 each) (each, a “Day 5 Prize” and collectively, the “Day 5 Prizes”). Profile may select the final products to be included in the Day 5 Prizes.
Six winners of Day 6 will receive one box of Variety Bars (ARV $19.99 each) (each, a “Day 6 Prize” and collectively, the “Day 6 Prizes”).
Seven winners will receive one Profile SEVEN Kit (ARV $200 each) (each, a “Day 7 Prize” and collectively, the “Day 7 Prizes”). The Day 1 – 7 Prizes shall be collectively referred to as the “Prizes” and each, a Prize. The winners of the Prizes shall be referred to as the “Winners” and each, a “Winner.”
Each winner is responsible for all taxes, costs, and fees associated with Prize or each winner’s participation in the Giveaway, including without limitation federal or state income taxes. No cash equivalent for a 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.
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 Giveaway winners’ 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 Giveaway winner or an additional copy of the Official Rules, mail a stamped self-addressed envelope to Profile by Sanford Seven Days of Seven Giveaway, Profile By 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.