XTEND INFLUENCER SWEEPSTAKES

Affidavit of Eligibility and Release of Liability (“Affidavit”)

Sweepstakes: XTEND INFLUENCER SWEEPSTAKES

Sponsor: Woodbolt Distribution, LLC d/b/a Nutrabolt, 4407 Monterey Oaks Blvd, Suite 150, Austin, TX 78749 

Description of Prize Awarded (“Prize”): 

Prize and Approximate Retail Value (“ARV”) in USD

Total ARV Per Prize (USD)

XTEND INFLUENCER SWEEPSTAKES – Three (3) XTEND Products – ARV range $9.99 to $49.99 each

$29.97 - $149.97

In consideration for entry into the Sweepstakes and receipt of the Prize, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby affirm and agree as follows:

  1. Official Rules: I have read, understand, and agree to the Official Rules of the Sweepstakes attached hereto (the “Official Rules").

  2. Eligibility: I am a legal resident of the United States; I am eighteen (18) years of age or older; and I am not otherwise prohibited from entry. Further, I am not an employee, officer, or director (including immediate family member or member of the same household) of: (a) Sponsor, its affiliated companies and subsidiaries, advertising and promotion agencies, (b) the individual on Instagram who promoted this giveaway and via whose account I entered this Sweepstakes, or (c) any other entities directly associated with the Sweepstakes (collectively, the “Released Parties”).

  3. Publicity Rights: I permit Sponsor to use my name, likeness, statements, biographical information, voice, and address (city and state), in all forms of media, in perpetuity, without notice or further compensation, in connection with the Sweepstakes.

  4. Use of Entrant Information: By participating in the Sweepstakes and providing my personal information below, I hereby agree to Sponsor’s collection and usage of my personal information for the purposes of the Sweepstakes, for Sponsor’s internal purposes, and for marketing and advertising activities. I acknowledge that I have read, understand, and agree to Sponsor’s Privacy Policy, available at https://www.nutrabolt.com/privacy-policy.

  5. Taxes: I understand and agree that I am solely responsible for all applicable federal, state, and local taxes and/or any other fees/costs associated with the Prize and my receipt of the Prize.

  6. Conduct: I represent and warrant that I have not tampered with, or attempted to tamper with, the entry process or smooth operation of the Sweepstakes, including, but not limited to, by entering the Sweepstakes multiple times using multiple Instagram accounts, introducing any malware, bots, or other program which tampers with the operation of the Sweepstakes, or initiating or participating in any form of online attack on the Sweepstakes.

  7. Release & Assumption of Risk: I agree to forever release, hold harmless, and indemnify Sponsor, Instagram, and the Released Parties from and against any claim or cause of action whatsoever related to my participation in these Sweepstakes, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any Prize. I waive any and all rights to claim ambiguity, should it even exist, in connection with the Official Rules.

    BY ENTERING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, I FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM, ACTION, OR PROCEEDING AGAINST SPONSOR, INSTAGRAM, AND THE RELEASED PARTIES RELATIVE TO THE PRIZE(S) AND HEREBY ACKNOWLEDGE THAT SPONSOR, INSTAGRAM, AND THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, RELATIVE TO ANY PRIZE, OR PRODUCT OR SERVICE PURCHASED THEREWITH, ITS QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR USE.

    If you are a California resident, you assume the above mentioned risks and agree that their release shall apply to all unknown or unanticipated results of the occurrences described above, as well as those known or anticipated, and you hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

  8. Limitation of Liability: I agree that Sponsor, Instagram, and Released Parties shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, or injury (including death)) to me in connection with: (i) participation in the Sweepstakes, including, but not limited to, any damage or loss due to human error, incorrect or inaccurate transcription of entry information; (ii) acceptance/possession, use/misuse and/or defects of the Prizes awarded herein and any Sponsor products or services purchased therewith; (iii) any technical malfunctions, interruptions, or failures of any kind; (iv) any damage to my (or a third person’s) computer, network, and/or phone and/or its contents related to or resulting from any part of the Sweepstakes; and (v) unauthorized human intervention in any part of the entry process or the Sweepstakes.

  9. DISPUTES: TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, I AGREE THAT ANY CLAIM OR DISPUTE RELATED TO OR ARISING OUT OF THE SWEEPSTAKES OR THE OFFICIAL RULES SHALL BE FINALLY RESOLVED BY ARBITRATION AND SHALL BE BROUGHT INDIVIDUALLY AND NOT BY CLASS ACTION.THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS AFFIDAVIT TO ARBITRATE. ARBITRATION SHALL BE HELD IN THE STATE OF TEXAS AND COUNTY OF TRAVIS. IN NO EVENT SHALL I SEEK TO RESCIND AGREEMENT WITH THE OFFICIAL RULES.

    I further agree that under no circumstances will I be permitted to obtain awards for, and I hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, expenses, or costs of whatever nature arising from the Sweepstakes. I further waive all rights to have damages multiplied or otherwise increased in any form.

  10. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, this Affidavit, my rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.

    I acknowledge that I have read and understand all of the terms of this Affidavit and understand that I am voluntarily giving up substantial legal rights. By checking the box below, I acknowledge that I am agreeing to this Affidavit freely and voluntarily and understand that I am legally bound by the terms and conditions contained herein.