NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
Sponsor: The XTEND Original Sweepstakes (the “Sweepstakes”) is sponsored by Woodbolt Distribution, LLC d/b/a Nutrabolt (the “Sponsor”), 4407 Monterey Oaks Blvd, Suite 150, Austin, TX 78749. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram. By entering into the Sweepstakes, each entrant acknowledges that he/she is providing information to Sponsor and not to Instagram.
Eligibility:The Sweepstakes is only open to (i) legal residents of the United States and the District of Columbia, (ii) who are eighteen (18) years of age or older at the time of entry, (iii) are not otherwise prohibited from entry as set forth herein, and (iv) have a public Instagram account. Employees, officers, and directors (including immediate family members and members of the same household) of the Sponsor, its affiliated companies and subsidiaries, advertising and promotion agencies, and any other entities directly associated with this Sweepstakes (collectively, “Released Parties”) are ineligible to participate. By entering into the Sweepstakes, each entrant acknowledges and agrees to these Sweepstakes Official Rules (“Official Rules”) and the decisions of Sponsor, which are final and binding in all respects. All federal, state, local, and municipal laws and regulations apply. Void where restricted or prohibited by law.
Sweepstakes Entry Period: The Sweepstakes begins on January 27, 2021 at 11:00 AM CST and ends on February 2, 2021 at 11:59 PM CST (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes. Entry is free, and no purchase or payment of any kind is necessary to enter or win the Sweepstakes. Limited to one (1) entry per entrant. All entries in excess of this limit will be deemed void. Only fully completed entries are eligible.
How to Enter: During the Sweepstakes Period, eligible persons may enter the Sweepstakes (“Entrants”) by (i) following @xtend on Instagram, (ii) liking the Sweepstakes photo posted on @xtend during the Sweepstakes Period (the “Post”), and (iii) tagging two (2) other Instagram users in the comments section of the Post (collectively, an “Entry”). In the event of a dispute regarding the identity of the person submitting an Entry, the entry will be deemed submitted by the authorized account holder associated with the Instagram account used to enter via Instagram, regardless of the individual that submitted the entry. For purposes of this Sweepstakes, the “authorized account holder” is the natural person who is assigned the Instagram account by Instagram. Potential winners may be required to show proof of being the authorized account holder. If more than the permitted number of Entries is submitted for any drawing, only the first Entry received will be considered.
All Entries via Instagram must comply with the Terms of Service/Use available athttps://help.instagram.com/581066165581870, and Instagram Community Standards/Guidelines available athttps://www.facebook.com/help/instagram/477434105621119. Entries generated by robotic, programmed script, macro, or by other automated means will be deemed void. Entrants may not register with multiple Instagram accounts nor may Entrants use multiple devices to enter the Sweepstakes as multiple entrants. Any Entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor’s direction. Proof of submission of any entry shall not be deemed proof of receipt by the Sponsor.
All Entries posted to enter the Sweepstakes must be in keeping with the Sponsor’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion. Comments must be suitable for online publication accessible to the general public. Sponsor reserves the right to eliminate any Entries that it determines, in its sole discretion, contain inappropriate content or content that may be deemed obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or unlawful, including without limitation, obscenities, threats, violence, unsafe behavior or situations, or disparagement of any product, service or person.
Selection of Winners: A random drawing from all eligible entries received will take place within five (5) business days after the Sweepstakes Period ends. Sponsor will randomly select five (5) winners. Sponsor’s decisions are final and binding in all matters relating to this Sweepstakes. Entrants are deemed winners pending confirmation and/or verification of eligibility (as further described in Paragraph 7 below) (the “Winners”) and in compliance with these Official Rules. The odds of winning a Prize (as defined below) depend on the total number of eligible entries received during the Sweepstakes Period.
Prizes: The prize to be awarded to each winner is as follows:
Prize and Approximate Retail Value (“ARV”)
Total ARV Per Prize
Aggregate ARV for all Prizes
One (1) XTEND Original 90 serving (flavor of winner’s choosing, as available) – ARV $59.99
One (1) XTEND Original 30 serving (flavor of winner’s choosing, as available) – ARV $24.99
One (1) XTEND 33oz shaker – ARV $9.99
There area total of five (5) prizes (each, a “Prize,” collectively, the “Prizes”).
Prize Conditions:By accepting any Prize, the Winners (as further described in Paragraph 10 below) agree to release the Sponsor, Instagram, and the Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the promotion or for damages of any kind caused by participation in the Sweepstakes, any Prize or resulting from acceptance, possession, or use/misuse of any Prize awarded. No substitution or transfer of any Prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute any Prize with another prize of equal or greater value in the event that the Prize (or any component thereof) is not available for any reason. The Winners are solely responsible for all applicable federal, state, and local taxes and/or any other fees/costs associated with the Prize or receipt of the Prize. The Winners, as a condition to receiving any Prize, may be required to sign and return an affidavit of eligibility and liability/publicity release or similar document, complete, sign, and submit an IRS Form W-9 or equivalent form with the Winner’s full social security number or other U.S. taxpayer identification number within twenty-four (24) hours of Sponsor notifying Winner of his/her Prize eligibility. In the event (i) Sponsor is unable to contact any Winner within twenty-four (24) hours from the first notification attempt, (ii) any Winner fails to complete and return all requested forms by the specified time, or (iii) any Winner fails to comply with any of the requirements in these Official Rules, such Winner’s Prize will be forfeited, and an alternate prospective winner will be randomly selected from all remaining eligible entries received. Failure to timely comply with the aforementioned conditions shall be grounds for disqualification from receipt of a Prize in Sponsor’s sole and absolute discretion. Winners will be shipped their respective Prize within twenty (20) business days following the completion of the Sweepstakes and verification of the Winners. Sponsor or Sponsor’s designee may issue appropriate tax reporting forms related to a Winner’s receipt of any Prize and the total ARV, as applicable, of the Prize won for the calendar year in which it was won, including, without limitation, by delivery of IRS Form 1099 tax reporting forms with such information to the IRS, other tax authorities, and the Winner.
Publicity Rights. The Winner’s acceptance of a Prize constitutes permission (except where prohibited by law) for the Sponsor to use said Winner’s name, likeness, statements, biographical information, voice, and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
Release and Limitation of Liability: This Sweepstakes is subject to all applicable federal, state, local, and municipal laws. By entering the Sweepstakes, Entrants agree to be bound by all applicable laws. The decisions of Sponsor are final and binding in all respects. Entrants waive any and all rights to claim ambiguity, should it even exist, in connection with these Official Rules. Sponsor, Instagram, and Released Parties shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) to any Entrants in connection with: participation in the Sweepstakes, including, but not limited to, any damage or loss due to human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the Prizes awarded herein and any Sponsor products or services purchased therewith; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized in connection with the Sweepstakes; interruption or inability to access Sponsor mobile application, Sponsor website, Facebook, Instagram, or any online service via the Internet due to hardware, software compatibility problems, or otherwise; any damage to an Entrant’s (or a third person’s) computer, network, and/or phone and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, even if caused by the negligence of Sponsor or any vendor, service provider, or contractor assisting with the operation or administration of the Sweepstakes. Assumption of Risk: By entering the Sweepstakes, to the fullest extent permitted under applicable law, Entrants including the Winners agree on behalf of themselves, their heirs, and any representatives to release, discharge, indemnify, and hold harmless Sponsor, Instagram, and the Released Parties from and against any and all direct and indirect losses and third party claims, damages or liability due to any injuries, damages, or losses to Entrant or any person (including, without limitation, those arising from death or personal injury) or property of any kind resulting or arising, in whole or in part, directly or indirectly, from acceptance, possession, use, or misuse of any Prize or product or service purchased with such Prize, or participation in the Sweepstakes or any Sweepstakes-related activity.
Entrants who are California residents 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 such Entrants 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.”
BY ENTERING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANTS 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. The failure of Sponsor or the Released Parties to comply with any provision of these Official Rules due to any act of God, storm, hurricane, tornadoes, other inclement weather, fire, riot, earthquake, act of terrorism, act of public enemies, war, civil unrest, or actions by governmental authorities outside the control of Sponsor (excepting compliance with applicable law), or other force majeure event will not be considered a breach of these Official Rules by Sponsor.
Technical Malfunctions:If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes, the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice. In such event, Sponsor may, in its sole discretion, (i) hold a drawing excluding any Entrants suspected of taking any action which violates these Official Rules or otherwise tampering with the operation of the Sweepstakes, and whose entries were received as of or after (if applicable) such cancellation, termination, modification or suspension date, or (ii) take any other action which in its sole discretion is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Any person attempting to defraud or in any way tamper with the Sweepstakes mechanics and/or implementation will be prosecuted to the fullest extent of the law.
Conduct:By participating, Entrants agree to comply with and be bound by all of these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes in Sponsor’s sole and absolute discretion. Sponsor reserves the right, in its sole and absolute discretion, to modify or terminate the Sweepstakes in the event of any act, occurrence, or reason that it believes would corrupt the integrity, administration, or fairness of the Sweepstakes. Entrants further agree to comply with and be bound by decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entrant or other individual it finds to be: (i) tampering or attempting to tamper with the entry process or the smooth operation of the Sweepstakes, (ii) taking any action which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes or (iii) otherwise violating these Official Rules. By participating, Entrants represent and warrant that they will not tamper or attempt 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes: TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EACH ENTRANT AGREES THAT ANY CLAIM OR DISPUTE RELATED TO OR ARISING OUT OF THE SWEEPSTAKES OR THESE 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 AGREEMENT TO ARBITRATE. ARBITRATION SHALL BE HELD IN THE STATE OF TEXAS AND COUNTY OF TRAVIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, ENTRANT WAIVES ANY CLAIM THAT THE ENTRANT MAY HAVE AGAINST SPONSOR, INSTAGRAM, AND THE RELEASED PARTIES FOR ANY LOSSES, INJURIES TO PERSON (INCLUDING DEATH) OR PROPERTY, DAMAGES (INCLUDING PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES) OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE SWEEPSTAKES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST PROFITS, LOST REVENUE, ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. IN NO EVENT SHALL ENTRANT SEEK TO RESCIND ITS AGREEMENT WITH THESE OFFICIAL RULES OR INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ 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
Announcement of Winners; Questions; Winners List: The Winners will be announced in the comments section of the Sweepstakes Post, found at: www.instagram.com/xtend, following the completion of the Sweepstakes and verification of the Winners. All questions and inquiries about the Sweepstakes may be submitted by sending a stamped, self-addressed envelope to the following mailing address:
Woodbolt Distribution, LLC d/b/a Nutrabolt XTEND Original Sweepstakes Attn: Legal Department 4407 Monterey Oaks Blvd, Suite 150 Austin, TX 78749
New Jersey Truth-in-Consumer Contract, Warranty and Notice Act - New Jersey Residents: The following provision applies to residents of the State of New Jersey. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by state or Federal law. These Official Rules are intended to comply with TCCWNA. In the event of a conflict between these Official Rules and the TCCWNA, the terms of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. The following provisions of these Official Rules shall not be applicable to New Jersey residents: (i) provisions which limit the Company’s liability for any tortious action or breach of contract by the Company; and (ii) provisions which limit the amount of damages which may be sought for any tortious action or breach of contract by the Company.